International Tax Law - RSM Ebner Stolz

Federal Cabinet approves Draft for Implementation of the Global Minimum Tax

On 16 August 2023, the German Federal Cabinet approved the draft of a Minimum Tax Directive Implementation Act. In addition to the introduction of a comprehensive minimum tax law, this also includes an adjustment to the taxation of additions. ...read more

Obligation to disclose income tax information

On June 16, 2023, the final version of the law implementing Directive (EU) 2021/2101 with regard to the disclosure of income tax information by certain companies and branches was passed by the German Bundesrat. In concrete terms, this essentially concerns the introduction of so-called public country-by-country reporting. ...read more

Pillar II/GloBE - German Ministry of Finance issues first draft

On 20 March 2023 the German Ministry of Finance has issued the first draft of a law implementing EU Pillar II/Global minimum tax directive into German tax law (Minimum Tax Act). As required by the European Commission the provisions shall be applicable to fiscal years starting on or after 31 December 2023. ...read more

Provisional list of states for the automatic exchange of information on financial accounts for tax purposes

On 30 September 2023 , information on financial accounts in tax matters will be automatically exchanged between the Federal Central Tax Office and the competent authorities of the participating states. For this purpose, the Federal Ministry of Finance has published an updated preliminary list of states. ...read more

ECOFIN Council: Russia on EU blacklist

On February, 14 2023, the EU's Economic and Financial Affairs Council (ECOFIN), represented by EU finance ministers, decided to add Russia - among others - to the EU list of non-cooperative jurisdictions. ...read more

Global Minimum Tax from 2024

After months of tough negotiations, the EU member states have agreed on the introduction of a global minimum tax. Corresponding regulations are to be implemented in the EU member states by the end of 2023 so that they can be applied from 2024. ...read more

Withholding tax on German registered IP: Simplification rule extended again

The German Federal Ministry of Finance (BMF) is of the opinion considers that the entry of IP into a German public book or register results in limited corporate income tax liability and a withholding tax must be deducted. However, a waiver rule was granted for this purpose, which has now been extended once again. ...read more

Limited Deduction of Operating Expenses in the Case of Hybrid Structures

As part of the implementation of the EU requirements of the "Anti Tax Avoidance Directive" by the so-called ATAD Implementation Act, a provision was introduced to limit the deduction of operating expenses in the case of hybrid structures (Section 4k German Income Tax Act). ...read more

When cross-border workers are working from home

As a result of the Corona pandemic, employees are working from home in many instances. If the place of remote working is not also located in the country in which the professional activity is carried out, this can have an impact on the taxation of wages and salaries as well as on social security coverage. ...read more

Specifications of the federal ministry of finance regarding DAC 6 reporting obligations

Since 1 July 2020, certain cross-border tax arrangements must be reported to the tax authorities (DAC6 reporting obligations). After publishing the draft of a letter of interpretation in July 2020, Germany’s Federal Ministry of Finance (BMF) unveiled the final version on 29 March 2021. In the over 70-page document, the BMF provides its interpretation of the many undefined legal concepts in the statutory provisions on DAC6 and whitelists standard cases that would generally not lead to a reporting obligation. ...read more

Fe­deral Ca­bi­net ap­pro­ves Draft for Im­ple­men­ta­tion of the Glo­bal Mi­ni­mum Tax

Ob­li­ga­tion to dis­close in­come tax in­for­ma­tion

Pil­lar II/GloBE - Ger­man Mi­nis­try of Fi­nance is­sues first draft

Pro­vi­sio­nal list of sta­tes for the au­to­ma­tic ex­change of in­for­ma­tion on fi­nan­cial ac­counts for tax pur­po­ses

ECOFIN Coun­cil: Rus­sia on EU black­list

Glo­bal Mi­ni­mum Tax from 2024

Wi­th­hol­ding tax on Ger­man re­gis­te­red IP: Sim­pli­fi­ca­tion rule ex­ten­ded again

Li­mited De­duc­tion of Ope­ra­ting Ex­pen­ses in the Case of Hy­brid Struc­tures

When cross-bor­der workers are working from home

Spe­ci­fi­ca­ti­ons of the fe­deral mi­nis­try of fi­nance re­gar­ding DAC 6 re­por­ting ob­li­ga­ti­ons