Conversion of a partnership into a company: a breach of the holding period rules for a preceding contribution of special business assets?
The tax-neutral transfer of special business assets ahead of a change of legal form is a popular structuring approach in advisory practice, but it carries risks. The Saxony-Anhalt Fiscal Court has recently ruled that a gap of just ten days and the absence of a legal link between the implementation steps can result in the retrospective taxation of hidden reserves. An appeal on points of law is pending before the Federal Fiscal Court (BFH), so the issue has not yet been finally resolved.