An overcharge for the acquisition of shares by a corporation (buyer) paid to a natural person who is associated with the buyer’s shareholder can also be subject to Gift Tax even if the difference between overcharge and fair market is already subject to Income Tax as hidden profit distribution (see also Federal Finance Court of September 2, 2015 (II B 146/14)). [Read more…] about Dusseldorf Finance Court (4 K 1680/15 Erb) – November 11, 2016
Case Law
Federal Finance Court (II R 29/13) – November 16, 2016
A domestic bank is obliged to also include assets in the notification within the meaning of § 33 para. 1 Inheritance and Gift Tax Act (IGTA) which are in its custody or administered by a non-domestic dependent branch office even if they are covered by the local banking secrecy. [Read more…] about Federal Finance Court (II R 29/13) – November 16, 2016
Munster Finance Court (3 K 1476/16 Erb) – November 10, 2016
The tax rate of 30% for acquisitions in tax class II in the version of the Inheritance and Gift Tax Reform Act 2009 is not unconstitutional; see also Federal Finance Court January 20, 2015 (II R 9/11). [Read more…] about Munster Finance Court (3 K 1476/16 Erb) – November 10, 2016