ArticleUniform European Regime For Pre-Marketing And Reverse SolicitationThe rules will also affect the possibility of reverse solicitation.GermanyStrategyPOELLATH
ArticleFederal Court Of Finance Judgement On Carried Interest From Business-Type Private Equity FundsThe German Federal Court of Finance revealed its position on the tax treatment of carried interest from business-type fund structures in a judgement of 11 December 2018 (VIII R 11/16).GermanyTaxPOELLATH
ArticleProposals By The Mediation Committee Regarding The Annual Tax Act 2013The Mediation Committee of the German Bundestag and Bundesrat has recently proposed important changes in German tax law. GermanyTaxPOELLATH
ArticleDrastic Tightening Of Exit Tax As Of 1 January 2022On 21 May 2021, the German Bundestag (Federal Parliament) has approved the Bill on the Implementation of the European Anti-Tax Avoidance Directive...GermanyTaxPOELLATH
ArticleFinal Version Of German Circular On Taxation Of Crypto Assets PublishedOn 11 May 2022, the German Federal Ministry of Finance (BMF) published its long-awaited circular on "the German income tax treatment of cryptocurrencies and other token". GermanyTechnologyPOELLATH
ArticleForeign Law Of Succession Not Applied Despite Choice Of Law In Case Of Inadequate Compulsory ShareWith a recent decision (judgment of 29.6.2022, case no. IV ZR 110/21) the German Federal Court of Justice has clarified the requirements for the application of foreign law to a succession...GermanyFamily and MatrimonialPOELLATH
ArticleGerman Act On The Adaption Of Investment Fund Taxation In Connection With AIFM-D Ceased FinallyIn our Client Information dated 28 June 2013 we provided information that negotiations on the German Act on the Adaption of Investment Fund Taxation in Connection with the AIFM Directive had temporarily halted. GermanyTaxPOELLATH
ArticleECJ Decision (C-595/13) Dated 9 December 2015 Regarding VAT Exemption For Management Of Investment FundsThe ECJ made the decision upon a request for a preliminary ruling referred to it by the Hooge Rad of the Netherlands ("Hooge Rad", order for reference dated 21 November 2013).European UnionFinance and BankingPOELLATH
ArticleESMA Calls For Common EU Harmonized Legal Framework For Loan-Originating FundsESMA's advice focuses on loan origination and does not seem to cover AIFs which buy and restructure loans. European UnionFinance and BankingPOELLATH
ArticleESMA Discussion Paper On Key Concepts Of The AIFMD And Types Of AIFM (ESMA/2012/117)Yesterday, ESMA has published a discussion paper on key concepts of the AIFMD (the "Discussion Paper") and invited comments to specific questions raised. GermanyFinance and BankingPOELLATH
ArticleMarketing And Pre-Marketing Of Investment Funds As From 2 August 2021 – What To Prepare ForWith effect as of 2 August 2021, new rules will come into force, harmonising for the first time the pre-marketing of interests in undertakings for collective investments (UCIs) within the EU.GermanyFinance and BankingPOELLATH
ArticleNew ESG Disclosure Obligations From March 10, 2021From March 10, 2021, the main parts of the European Sustainable Finance Disclosure Regulation ((EU) 2019/2088 – SFDR) will apply. GermanyFinance and BankingPOELLATH
ArticleFinal Version Of German Investment Tax Circular PublishedOn 21 May 2019, the German Federal Ministry of Finance published its long-awaited circular on the German Investment Tax Act in the version effective from 1 January 2018 ...GermanyTaxPOELLATH
ArticleNew Tax Rules For Foreign Trusts And Family FoundationsDue to an amendment of the German foreign transactions tax act, new tax rules for foreign trusts and family foundations will come into force as of January 1, 2013.GermanyTaxPOELLATH
ArticleESMA Advises On Extension Of Funds Passport To 12 Non-EU Countries: U.S. Generally Deemed Passport EligibleOther than in their previous advice they now suggest that the U.S. is generally a country eligible for the passport subject to certain restrictions.GermanyFinance and BankingPOELLATH
ArticleFurther Tightening Of Germany's Rules For Foreign InvestmentsThe German Federal Ministry of Economics and Technology ("BMWi") has presented plans to further tighten foreign investment review rules last week. GermanyGovernment, Public SectorPOELLATH
ArticleVAT Exemption For Venture Capital FundsThe so-called Act to Strengthen Germany as a Fund Jurisdiction added an exemption to the German VAT Act from VAT for management services rendered to "venture capital funds" (Wagniskapitalfonds) with effect from 1 July 2021. GermanyTaxPOELLATH
ArticleAmendment Of The German Anti-Money Laundering Act (GwG) – Act Implementing The Fifth EU Anti-Money Laundering DirectiveWe would like to provide you with a summary of the most important changes, in particular concerning Alternative Investment Fund Manager, resulting from the German act implementing the Amending Directive to the Fourth EU Anti-Money Laundering Directive. European UnionGovernment, Public SectorPOELLATH
ArticleReporting Obligation To German Transparency Register Beginning October 1, 2017We have summarized the most important changes in more detail below.GermanyCorporate/Commercial LawPOELLATH