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German tax authorities appear to be re-evaluating the availability of withholding tax relief on dividend distributions to US-owned German entities treated as disregarded for US tax purposes. While no formal denial has yet occurred, recent information requests indicate a potential shift in administrative practice with significant implications for US investors.

The new U.S. President, Donald Trump, has already started implementing key campaign promises in the early weeks of his second term. This includes a shift away from the tax policies of his predecessor. In this article, we explore what this change in tax policy means for globally operating companies, particularly regarding the implementation of the global minimum tax.

After a wait of over a year, on 5 December 2024 the German Federal Ministry of Finance published its final guidance on application of the ban on deduction of operational expenses under Section 4k of the German Income Tax Act (Einkommensteuergesetz – EStG) for hybrid mismatches. It includes crucial statements on applying Section 4k, which are of particular practical importance to US inbound structures. Here we’ve summarised the most crucial effects for companies concerned.

The EU list of non-cooperative jurisdictions for tax purposes (EU blacklist) was updated on 8 October 2024. This has implications for the application of the Tax Haven Defence Act (StAbwG) for the countries concerned. Extended defensive measures will also apply to some of the remaining tax havens on the list from 2025.