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  • Article

    What 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 Property
    POELLATH
    POELLATH
  • Article

    Circular On 2012 Anti-Treaty / Anti-Directive Shopping Rule Issued

    On January 25, 2012, the German Federal Ministry of Finance has published a circular regarding the withholding tax relief of foreign companies.
    GermanyTax
    POELLATH
    POELLATH
  • Article

    Moving Into And Out Of Germany – When The Fiscal Authorities Reach Their Limits

    For 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.
    GermanyTax
    POELLATH
    POELLATH
  • Article

    BaFin: Amendments To Administrative Practice With Regard To Qualification Of Carry Vehicles

    Questions often arise in practice with regard to Carry structures and their treatment under the German Capital Investment Code.
    GermanyFinance and Banking
    POELLATH
    POELLATH
  • Article

    Impending 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 regime
    GermanyFinance and Banking
    POELLATH
    POELLATH
  • Article

    Planned Revision Of The Attribution Taxation Of Foreign Family Foundations And Trusts

    The 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).
    GermanyTax
    POELLATH
    POELLATH
  • Article

    Draft Fund Jurisdiction Act – VAT Exemption For VC Funds Gets Closer

    In 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 Banking
    POELLATH
    POELLATH
  • Article

    Obligation 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 Banking
    POELLATH
    POELLATH
  • Article

    Recent Developments On The German Law Implementing The AIFMD

    Existing 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 Banking
    POELLATH
    POELLATH
  • Article

    German Exit Tax When Moving To Switzerland - The New "Wächtler" Decision Of The BFH

    The 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.
    GermanyTax
    POELLATH
    POELLATH
  • Article

    CJEU Declares Privacy Shield Invalid - Consequences For The M&A-Practice

    On 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 UnionPrivacy
    POELLATH
    POELLATH
  • Article

    German Federal Government Enacts Tightening Of Investment Review In The Health Sector

    On 20 May 2020, the German federal government passed into law the 15th Ordinance amending the Foreign Trade Ordinance (the 15th FTO Amendment).
    GermanyInternational Law
    POELLATH
    POELLATH
  • Article

    Reform Of The Cultural Property Law

    On 15 September 2015, the competent state minister, Monika Grütters, released the revised proposed legislation on the reform of the cultural property law.
    GermanyInternational Law
    POELLATH
    POELLATH
  • Article

    Amended VAT Exemption For Management Of Alternative Investment Funds (AIF) Effective As Of 1 January 2018

    The German VAT provisions regarding the management of investment funds have been inadequate and subject to litigation for many years.
    GermanyTax
    POELLATH
    POELLATH
  • Article

    International Exchange Of Data In Tax Matters: A Revolution Is Just Around The Corner

    In the near future, international data exchange in tax matters will revolutionize taxation procedures in Germany and other countries.
    GermanyTax
    POELLATH
    POELLATH
  • Article

    Taxation 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.
    GermanyTax
    POELLATH
    POELLATH
  • Article

    Germany Lowers Thresholds For Review Of Foreign Investments

    The amendments are expected to enter into force shortly.
    GermanyGovernment, Public Sector
    POELLATH
    POELLATH
  • Article

    Federal Government Resolves Draft Law Further Tightening Investment Review Under The German Foreign Trade Act

    On 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 Law
    POELLATH
    POELLATH
  • Article

    Further Favorable Decisions Of The Supreme Tax Court On Management Participations

    On 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).
    GermanyTax
    POELLATH
    POELLATH
  • Article

    Withholding Tax On Online Advertising

    According 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.
    GermanyTax
    POELLATH
    POELLATH

Showing 41–60 of 152 results

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