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The liability to trade tax (under Sect. 2 of the Trade Tax Act) is a prerequisite for any trade tax being charged in the first place. In many cases, this prerequisite is fulfilled without any problems – for example, in the case of an original commercial (“trading”) activity pursuant to Sect. 15(2) of the Income Tax Act (picked up by Sect. 2(1) sent. 2 of the Trade Tax Act). The situation is even more straightforward for corporations due to an assumption of a trad-ing activity by law (Sect. 2(2) sent. 1 of the Trade Tax Act). However, in which manner are foundations (“Stiftungen”) to be taxed under the Trade Tax Act?

What do the expected future German government’s plans look like for private equity clients, family offices and family businesses? In this briefing, we analyse the coalition agreement to see what tax changes private clients can expect in the new parliament and why it’s crucial to consider business and personal succession now.

Moving abroad may have tax consequences that are often underestimated. When moving to a tax haven or low-tax country, “extended non-resident tax liability” for income tax as well as inheritance and gift tax often goes unrecognised. This is why particular attention should be paid to a recent decision by the German Federal Fiscal Court (BFH). In this article, we shed light on what those moving abroad need to know about the German extended limited tax liability.

Operators of digital platforms must submit their report of traders on their platform to the Federal Central Tax Office (BZSt) by 31 January 2025. Find out what you need to do in this article.

We present you the recent case law of the Federal Fiscal Court and a regional Fiscal Court on the tax implications of pension obligations.

After a tense election, the new coalition seems to be certain – the next German government will probably be formed by the CDU/CSU and the SPD. But what does this mean in terms of tax for family businesses, family offices and (Ultra)-High-net-worth individuals? Based on the parties’ manifestos, we’ve analysed what tax changes private clients can expect in the new legislative period and why it’s crucial to consider business and wealth succession now.

For private persons, protecting their privacy is a central need, both personally and in terms of their wealth structures. A new judgment by the German Administrative Court Cologne (Verwal-tungsgericht Köln) (17/07/2024–13 K 5996/19) protect the privacy of wealthy private individuals.

The rules on the taxation of profit and loss from foreign currency transactions are being changed according to the Federal Ministry of Finance Circular of May 2022. It should be assumed that starting from tax year 2025 the tax authorities are going to start looking more closely at foreign currency balances. What does this mean for investors, and what needs to be done before the end of the year?

In asset and succession planning, real estate is often a challenge. That’s especially the case in the current real estate crisis. As disagreeable as the situation for many property owners is, it also offers potential to structure your asset and succession planning.

In this article, you can read about the challenges that arise when preparing a purchase price allocation.

The court clarifies that that a temporary absence and the associated annulment of exit taxation also applies if there was no intention to return at the time of leaving Germany. What this means in practice.