Many questions still remain unanswered in regulating how global minimum tax is to be implemented. Our update on the current situation of Pillar Two and an assessment of further developments.
In May 2022, the European Commission presented a draft directive to equal out the tax treatment of equity and debt, which allows for the deduction of notional interest on equity on the one hand, and contains a further limitation on interest deduction on the other.
Even though the proposed changes to the German RETT treatment of share deals had seemed to be stopped by the end of 2019, they shall now be enacted shortly. The corresponding legislative process, including the approval by the Upper House of Parliament (“Bundesrat”) shall be completed by June 2021 at the latest. The new measures shall then to come into force on 1 July 2021.