ArticleWhat Are The Implications Of The New Trade Secrets Act (Geschäftsgeheimnisgesetz) For Companies?For companies, the GeschGehG initially means increased protection of their trade secrets. GermanyIntellectual PropertyPOELLATH
ArticleCircular On 2012 Anti-Treaty / Anti-Directive Shopping Rule IssuedOn January 25, 2012, the German Federal Ministry of Finance has published a circular regarding the withholding tax relief of foreign companies. GermanyTaxPOELLATH
ArticleMoving Into And Out Of Germany – When The Fiscal Authorities Reach Their LimitsFor many coming from other countries, Germany is an attractive country to which to move. At the same time, each year thousands of people leave Germany for a limited period of time or permanently. GermanyTaxPOELLATH
ArticleBaFin: Amendments To Administrative Practice With Regard To Qualification Of Carry VehiclesQuestions often arise in practice with regard to Carry structures and their treatment under the German Capital Investment Code.GermanyFinance and BankingPOELLATH
ArticleImpending End Of The National Private Placement Regime In Germany For Managers From Passport-Eligible Non-EU States (Including The USA, Guernsey, Jersey And Switzerland)Non-EU managers from countries not yet regarded as passport-eligible may continue to market in Germany on the basis of the national private placement regimeGermanyFinance and BankingPOELLATH
ArticlePlanned Revision Of The Attribution Taxation Of Foreign Family Foundations And TrustsThe German Federal Government plans to revise the so-called attribution taxation applicable to German-resident founders/settlor and beneficiaries of foreign family foundations and trusts under Section 15 German Foreign Tax Act (Außensteuergesetz – AStG). GermanyTaxPOELLATH
ArticleDraft Fund Jurisdiction Act – VAT Exemption For VC Funds Gets CloserIn the last year of the current Grand Coalition, the German Federal Ministry of Finance has made a remarkable proposal: an Act to Strengthen Germany as a Fund Jurisdiction. GermanyFinance and BankingPOELLATH
ArticleObligation To Prepare A Key Information Document For The Distribution Of Alternative Investment Funds (AIF) To Non-Professional Investors (Retail Investors)As of January 1, 2018, AIFM registered under § 2 (4) of the German Capital Investment Code or the EuVECA Regulation are obliged to create a standardized three-page information sheet...GermanyFinance and BankingPOELLATH
ArticleRecent Developments On The German Law Implementing The AIFMDExisting funds which no longer invest after July 22, 2013 are not required to comply with the provisions of the KAGB, even if the manager of such funds also manages funds which still make investments.GermanyFinance and BankingPOELLATH
ArticleGerman Exit Tax When Moving To Switzerland - The New "Wächtler" Decision Of The BFHThe case bears its name "Wächtler" with regard to the plaintiff and now, after more than 10 years of proceedings and four court decisions has come to an end. GermanyTaxPOELLATH
ArticleCJEU Declares Privacy Shield Invalid - Consequences For The M&A-PracticeOn July 16, 2020 the CJEU passed a ground-breaking ruling on Privacy Shield and standard contractual clauses, which will have a significant impact on international data transfer, particularly on data transfer ...European UnionPrivacyPOELLATH
ArticleGerman Federal Government Enacts Tightening Of Investment Review In The Health SectorOn 20 May 2020, the German federal government passed into law the 15th Ordinance amending the Foreign Trade Ordinance (the 15th FTO Amendment).GermanyInternational LawPOELLATH
ArticleReform Of The Cultural Property LawOn 15 September 2015, the competent state minister, Monika Grütters, released the revised proposed legislation on the reform of the cultural property law.GermanyInternational LawPOELLATH
ArticleAmended VAT Exemption For Management Of Alternative Investment Funds (AIF) Effective As Of 1 January 2018The German VAT provisions regarding the management of investment funds have been inadequate and subject to litigation for many years. GermanyTaxPOELLATH
ArticleInternational Exchange Of Data In Tax Matters: A Revolution Is Just Around The CornerIn the near future, international data exchange in tax matters will revolutionize taxation procedures in Germany and other countries.GermanyTaxPOELLATH
ArticleTaxation Of Trusts In Germany: New Guidelines For Transparency And The Gift Taxation Of Distributions Recent decisions by the German Federal Fiscal Court (BFH) on matters of Inheritance and Gift Tax (IGT) with regard to foreign trusts resolved some previous ambiguities about the Gift Tax treatment of trusts in Germany.GermanyTaxPOELLATH
ArticleGermany Lowers Thresholds For Review Of Foreign InvestmentsThe amendments are expected to enter into force shortly.GermanyGovernment, Public SectorPOELLATH
ArticleFederal Government Resolves Draft Law Further Tightening Investment Review Under The German Foreign Trade ActOn April 8, 2020, the German cabinet resolved a draft law to amend the German Foreign Trade Act. The draft law generally tracks the Ministerial Draft presented by the German Federal Ministry of Economics and Energy...GermanyInternational LawPOELLATH
ArticleFurther Favorable Decisions Of The Supreme Tax Court On Management ParticipationsOn 27 May 2021, the German Supreme Tax Court published two decisions dated 1 December 2021 regarding the taxation of management participations (Ref. VIII R 21/17 and VIII R 40/18). GermanyTaxPOELLATH
ArticleWithholding Tax On Online AdvertisingAccording to the current view of the tax authorities, advertising expenditures for the placement of online advertising with foreign providers may be subject to a withholding tax of 15.825 % (incl. solidarity surcharge) on domestic clients. GermanyTaxPOELLATH