Frankfurt, Germany

Considerations of Financing Inbound Investments into Germany

By Oliver Biernat, Benefitax GmbH

When foreign investors set up a German subsidiary, they often neglect the possibility of financing the company with a higher equity than the minimum nominal share capital, which is usually EUR 25,000 for a GmbH (German limited company). Building up trust and making a company profitable may take a couple of years and, looking at the relatively high costs in Germany, this may require much more funding. Liquidity is normally provided by shareholder loans, as it is intended to deduct the interest from (future) profits of the subsidiary and thus save taxes. This is generally fine, but here are a few reasons why investors should consider injecting more equity.

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Can Preparatory/Auxiliary Activities be a Permanent Establishment in Italy?

By Roberto M. Cagnazzo, Three & Partners Auditing & Accounting

The Italian Supreme Court has recently stated that the situation in which a de facto director carries out a plurality of activities in the Italian territory that represent a complete cycle with its own economically significant result for the foreign company, must be considered a permanent establishment. The execution of a business activity must be intended, in a broad sense, to include all those services or any activity referable to the economic interest of the foreign company in Italy.

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Munich, Germany

Tax Residence According to the OECD Model Convention

By Brigitte Jakoby, Jakoby Dr. Baumhof – Wirtschaftsprüfer Steuerberater Rechtsanwälte

Former case studies during our ITPG meetings showed that working out the tax residence of individuals can be tricky. Therefore, this article deals with the legal principles of Art. 4 OECD-MA 2017 as the basis of the tax residence of individuals or legal entities.

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Moscow, Russia

The OECD’s Multilateral Instrument (MLI): An Update from Russia

By Valeria Khmelevskaya, KBK Accounting

Beginning from 2021, Russia has started actual application of MLI in relation to 27 nations: among them Austria, Belgium, Denmark, and some other European countries. At the same time, Russia shall not apply MLI to Germany or Switzerland and it is likely that the relevant double taxation treaties (DTT) with these countries shall be extended and revised at the bilateral level. In the case of Switzerland, the benefits might be reduced in a similar way as with Malta, Luxembourg, Cyprus, etc. (non-application of participation exemption regarding dividends and withholding tax on interest). Unlike Switzerland, Germany shall not suffer such limitation of benefits as one of Russia’s significant trade partners.

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Kassel, Germany

Germany: Implementation of Multilateral Instrument (MLI)

By Bernhard Schwechel, FACT GmbH Wirtschaftsprüfungsgesellschaft

In 2016, the OECD presented the Multilateral Instrument (MLI), which is intended to implement measures against Base Erosion and Profit-Shifting (BEPS) in a majority of double-taxation agreements simultaneously. The aim is to create international minimum standards to prevent the abuse of double taxation agreements (DTAs).

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New Year’s Resolution: Limitation of Liquidation Loss Relief

By Carijn Franssen, EJP Accountants & Adviseurs

Every year, on 01 January, the Dutch government implements changes in its tax law, as announced on Budget Day. For 2021, one of these changes is limitation of liquidation loss relief. Please find below the most important adjustments to the liquidation loss relief regulations.

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The Three-Martini Lunch

By Alison Gadoua, Prager Metis International LLC

The term “Three-Martini Lunch” was coined in the US during the 1960s and 1970s, when NYC executives would gather and claim that these libations made them more creative. The expense of these luncheons was deducted fully, despite efforts by former Presidents Kennedy and Carter to reduce the overall deduction. President Carter’s 1976 opponent, Gerald Ford, fully supported the tax break saying “The Three- Martini Lunch” is the epitome of American effciency. Where else can you get an earful, a bellyful, and a snootful at the same time?”

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Skyscrapers Sydney, Australia

New Corporate Residency Rules for Foreign Companies

By Tony Nunes, Kelly + Partners Chartered Accountants

Under the current corporate residency test, a company incorporated offshore is an Australian resident if it carries on business in Australia and either has its central management and control in Australia, or its voting power is controlled by shareholders who are residents of Australia. The 2020 Australian government budget was tabled on 06 October 2020. The government announced changes to the corporate residency test that seek to clarify it, so that a company incorporated outside Australia will only be treated as an Australian tax resident if it has a “significant economic connection to Australia”.

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server room

Digital Economy Taxation: Progress So Far

By Chirag V, VCMV & Associates LLP

To put things in perspective, digital economy will be USD 23 trillion globally, or 24.3% of global GDP by 2025! Hence, political leaders, media outlets, and civil society around the world have expressed growing concern about tax planning by Multinational Enterprises (MNE) that makes use of gaps in the interaction of different tax systems to artificially reduce taxable income.

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New Administrative Principles “VWG 2020” on Transfer Pricing in Germany 2020

By Oliver Biernat, Benefitax GmbH

German companies or permanent establishments that are involved in intragroup cross-border services exceeding a value of EUR 600,000 p.a., or in intragroup cross-border supplies exceeding a value of EUR 6 million p.a., must present transfer pricing documentation to the German tax authorities that corresponds to strict and detailed German regulations. Companies that do not fulfil this obligation, or cannot prove that the transfer prices are correct, must expect severe penalties of up to EUR 1 million and may be faced with a high profit estimation from the tax offce.

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