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Tax authorities

Bundesministerium der Finanzen – Ministry of Finance
Wilhelmstraße 97, 10117 Berlin
Postanschrift: 11016 Berlin
Tel: +49 3 018 682 0
Fax: +49 3 018 682 32 60
Website: www.bundesfinanzministerium.de

Deutsche Steuer-Gewerkschaft
Friedrichstrasse 169-170
10117 Berlin
Tel: +49 302 0625 6600
Fax: +49 3020625 6601
Website: www.dstg.de

Tax rates at a glance

(as of August 22 2011)

Corporate income tax rate 15.825%
Capital gains tax rate 15.825%
Trade tax rate about 8% to 17%
 
Withholding tax
Dividends 26.375%
Interest No Withholding tax
Royalties from patents and licences 15.825%
 
Net operating losses (years)
Carryback 1 year; carry back limited to €511,500 ($737,000)
Carryforward Unlimited
  • The federal general corporate tax rate is 15%, plus a 5.5% solidarity surcharge, with local trade tax rates bringing the effective tax rate to between 23% and 33%. Capital gains from the sale of the shares in a corporation and dividends are 95% tax exempt for corporate shareholders.
  • There are exceptions to the above rates, for example interest paid by banks or interest on profit participating loans can be subject to withholding taxes.

Source: Taxand advisers from Luther Rechtsanwaltsgesellschaft – Taxand

Germany

Stefan Ditsch
PwC
Germany

Despite a quiet few years of tax law change since the 2007 reforms, Stefan Ditsch of PwC argues that taxpayers have been kept busier than ever with a number of tax rulings and the issuance of several decrees affecting how business is done in Germany

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Tax

Tax developments this year have been coloured by the political deadlock in the country. The government does not control the upper house which has meant that there have been few major changes. The Free Democratic Party, the junior partner in the coalition, ... [more]

The strength of Ernst & Young's practice in Germany can be found in its integration in the firm's cross-border network. The group is headed by York Zöllkau and, numerically, is the largest of the big-four firms.The bulk of the group's work is international. ... [more]

Though there have been some questions in the market about the ability of Flick Gocke Schaumburg to expand internationally the firm remains a dominant player in the German market. "They are the best in tax," said one partner. The group is seen by the ... [more]

The tax team at Freshfields Bruckhaus Deringer remain a heavyweight in corporate tax. The team of 55 includes 15 partners and is headed by Christian Ruoff, who has been head of the practice since 2008 and was re-elected   for another three years this ... [more]

Allen & Overy's tax practice has grown impressively over the last year. This is in part due to the practice's strategy of focusing on a combination of independent tax consultancy and also providing tax services in transactions, a traditionally strong ... [more]

Baker & McKenzie's tax team is led by Nicole Looks and comprises 20 fee earners. Looks is viewed as one of the leading individuals for indirect tax. "She is very knowledgeable, very client-focused and I think probably one of the best in Germany for indirect ... [more]

Linklaters's tax practice is headed by Sebastian Benz and consists of 32 fee earners. Around 40% of their work is generated by the tax team while the rest is made up of support work for the corporate and capital markets group. Their strength lies in ... [more]

The tax group at P+P Pöllath Partners comprises around 25 fee earners. Sabine Demel and Pia Dorfmüller have joined this year as tax consultant and partner respectively. Stephan Viskorf has been promoted to partner.Pöllath is seen by its peers as a market ... [more]

PwC

PwC's tax practice is headed by Dieter Endres who is the subject of widespread praise by his peers. He leads a team of nearly 2,000 professionals. 13 new partners were added last year in tax. Norbert Winkeljohann was appointed senior partner this year.The ... [more]

Cleary Gottlieb Steen & Hamilton's tax practice is headed by Daniel Weyde, who is highly regarded for his capital markets and financial products work. The practice comprises five fee earners, an increase of one from the previous year.The practice benefits ... [more]

Clifford Chance is viewed by the market as being among the best tax law firms in Germany. The practice is large for a law firm comprising more than 30 fee earners spread across three offices with most of them based in Frankfurt. Stefan Menner is mentioned ... [more]

Deloitte's tax practice in Germany is led by Heinz-Klaus Kroppen and consists of around 700 fee earners. The size of the practice means it is able to provide a broad range of services including transfer pricing, VAT, corporate tax, international tax ... [more]

Gleiss Lutz has maintained its standing within the German tax market. The market expressed concern that the departure of Stefanie Beinert to Hengeler Müller might have an impact on the quality of the team but the group has been involved in a number of ... [more]

Hengeler Mueller's tax practice comprises five partners, one counsel, one senior associate and a number of junior associates. The practice advises on most areas of corporate tax including optimising tax structures for acquisitions and restructurings ... [more]

KPMG's tax team in Germany is led by Ernst Gröbl. The practice provides a wide range of tax services in its 24 offices including international corporate tax, financial services tax, indirect tax, transfer pricing and M&A.A number of their practitioners ... [more]

Latham & Watkins's tax practice is headed by Tobias Klass in Hamburg and Stefan Süss in Munich. Klass is cited by his competitors for his strength in cross-border transactions. The group has a broad expertise across international tax and has advised ... [more]

Luther-Taxand has continued to expand this year. The firm which began with a team of eight tax advisers when it joined the Taxand network in 2008 now has around 25 professionals. Christoph Kromer and Jochen Würges recently joined the practice by.Kromer, ... [more]

Milbank Tweed Hadley & McCloy's tax practice, based in Munich, is led by Rolf Füger and comprises six practitioners. Füger is mentioned by his peers as a leading M&A practitioner in Germany. Florian Holzner left this year; otherwise the practice remains ... [more]

WTS

The market has been impressed by WTS's development. The group which formed out of the in-house tax team of Siemens has been growing fast. Fifty fee-earners joined this year to take the total up to nearly 300. The arrival of Alexander Hemmelrath from ... [more]

Baker Tilly Deutschland (Rölfs Partners) has grown rapidly this year. The firm extended its presence in the south of Germany after the incorporation of Wolfgang Richter and the rest of the team at RP Richter. The market is fairly optimistic about the ... [more]

BDO Deutsche Warentreuhand has 25 locations in Germany. The practice provides a broad range of tax services including VAT, customs duties, group reorganisations and international tax. Tax planning is becoming an increasingly important area in their workload. ... [more]

Berger Steck & Kollegen is certainly one to watch. The firm is a finance boutique that was formed in August 2010 when founding partners Hanno Berger, who has a long-standing reputation as a top tax adviser in Germany, and Kai-Uwe Steck moved from Dewey ... [more]

Bödecker, Ernst & Partner is a firm to watch over the next few years. The team was founded by Carsten Bödecker and Carsten Ernst, who both previously worked at Luther-Taxand. Fourteen tax professionals from the same firm joined in July 2011. The team ... [more]

Debevoise & Plimpton's tax practice is led by sole partner Friedrich Hey who is mentioned by his peers for his cross-border structuring work. He has particular expertise in US/German cross-border tax planning having worked in the New York office of Oppenhoff ... [more]

Though the market is still unsure whether Dewey & LeBoeuf will be able to completely recover after the departure of Hanno Berger and the rest of the team to Berger, Steck & Kollegen, the practice has bounced back fairly well.Dieter Lübbehüsen was another ... [more]

The German tax practice of DLA Piper, a new entry this year, is led by Martin Heinsius. The group has suffered a bit from the departure of Uwe Eppler and two associates, but this is something that has been addressed with a series of recent hirings. Clients ... [more]

Goutier & Partners's tax practice is led by Klaus Goutier, who is mentioned by his peers a leading practitioner in the Germany.The group advises on both national and international tax matters including corporate taxation, tax planning, tax disputes, ... [more]

Haarmann's tax practice is based in Frankfurt and is led by Wilhelm Haarmann, who is singled out by his peers for his corporate tax work. He is seen as the star of the team, though the market also views the rest of the team as strong.The practice advises ... [more]

Hogan Lovells's tax team is led by Stephan Geibl and comprises 14 practitioners. Christoph Küppers is mentioned in the market for his corporate tax work.The practice has worked on a number of interesting transactions this year. Jens-Uwe Hinder, Sebastian ... [more]

Küffner Maunz Langer Zugmaier offers an alternative to the big-four for VAT work. Stefan Maunz is in charge of a team of 15 and wants to double the number of fee-earners over the next 24 months.The firm counts about one-third of DAX 30 clients as clients. ... [more]

McDermott Will & Emery's tax practice is led by Dirk Pohl who is frequently mentioned by his peers as a leading practitioner in Germany, especially in the field of tax controversy. He is one of three partners and leads a team of eight.This year he and ... [more]

Noerr has a large tax practice, counting 41 fee earners among its ranks. The practice has joint heads in Lutz Schmidt and Georg Elderman, a highly regarded corporate tax adviser. Sascha Leske, in Berlin, and Oliver Trauttmann, in Frankfurt, became partners ... [more]

Oppenhoff & Partner was formed out of the Cologne office of Linklaters. Despite its relatively small size, comprising six professionals, there is a good breadth to the services offered by the practice. The practice is headed by Axel Bödefeld.Unusually ... [more]

Stephan Busch leads a tax team at Salans of around 13 fee earners. The team is very proficient in international tax matters, being able to take advantage of the firm's international network.This year Busch, Michael Helm, Dirk-Reiner Voss and Jörg Karenfort ... [more]

Shearman & Sterling's tax practice consists of 15 fee earners. The group is led by Reinhard Stockum. Johannes Frey is singled out by his peers for his transactional work. "He is a very bright guy and certainly one to watch over the next few years," said ... [more]

Streck Mack Schwedhelm is a boutique tax practice specialising in tax litigation and criminal tax law. The practice comprises 12 partners and nine other professionals. Peter Talaska became a partner this year.The firm spent much of the previous year ... [more]

Taxperience is another firm expected to grow stronger over the next few years. The firm was created in May 2011 in Munich by Claus Lemaitre, who set up the practice after the dissolution of RP Richter. It is an independent but integrated member of the ... [more]

Voegele Partner-NERA concentrates entirely on transfer pricing. The firm is headed by sole equity partner Alexander Voegele and comprises 12 fee earners.It is a niche firm which gets less and less of its fee income from typical transfer pricing work. ... [more]

Andreas Knebel leads a team at White & Case of 11. Cornelia Geißler has joined this year from Shearman & Sterling.The practice provides a good range of tax services including restructuring, M&A, privatisation, bank finance, energy, real estate and dispute ... [more]

See also

Germany
Western Europe

Firm contact details