Entries by Ester Hahn
ON THE PERMISSIBILITY OF VESTING PROVISIONS FOR FOUNDERS OF START-UPS
Vesting provisions for the founders of a start-up are regularly included in the investment and shareholder agreements (in short ISHA) after a financing round has been carried out. Nevertheless, the case law of the supreme and higher courts has not yet dealt with this. Now, the Berlin Court of Appeal (Kammergericht) has finally dealt with […]
NEW VERSION OF THE BMF LETTER ON DISPROPORTIONATE PROFIT DISTRIBUTION
The Federal Ministry of Finance has adjusted its opinion with regard to the income tax treatment of disproportionate profit distributions in line with the previous case law of the Federal Fiscal Court. According to this, in certain cases, even a resolution that breaches the Articles of Association should be sufficient for the tax recognition of […]
GIFT TAX ON THE TRANSFER OF SHARES IN THE COMPANY
In the case of a gift tax event under § 7 para. 8 ErbStG (German Inheritance and Gift Tax Act), the Münster Fiscal Court considers it imperative – contrary to the opinion of the tax authorities – that the donor acts “in awareness of the gratuitousness”. This subjective element cannot be assumed merely because the […]