Since 1 July 2020, special reporting obligations apply in Germany for so-called cross-border tax arrangements. These result from the implementation of the European Directive “DAC 6”. Cross-border tax arrangements must be reported to the Federal Central Tax Office within 30 days, otherwise fines may be imposed. The tax administrations of the EU Member States will exchange the disclosed information among themselves through an automated procedure.
In its ruling of 5 April 2018, the Munich Finance Court decided that the exemption from inheritance tax for family homes does not apply to an undeveloped, in terms of land register law independent plot of land, which adjoins the family home, even if the two plots of land form an economic unit. The appeal decision of the BFH is still pending.
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2020-09-30 08:30:002020-09-30 08:30:10NO INHERITANCE TAX EXEMPTION FOR AN INDEPENDENT, UNDEVELOPED PLOT OF LAND NEXT TO THE FAMILY HOME
The so-called Platform to Business Regulation (in short “P2B-Regulation”) establishes rules for the first time to achieve a certain balance in view of the steadily increasing power of platform operators on the Internet (“Platform Operators”). For some situations and problems that have proved to be particularly critical for companies in the past, the regulation attempts to encourage Platform Operators to be fairer. The future will show how effective this Regulation will actually be.
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2020-09-30 08:20:002020-09-30 08:21:13THE PLATFORM TO BUSINESS REGULATION
The Federal Ministry of Justice and Consumer Protection and the Federal Ministry of Finance have jointly presented a ministers’ bill for a law on the introduction of electronic securities. The bill focuses on creating a law on electronic securities (eWpG-E). This enables the replacement of securities certificates (verbrieften Wertpapieren) through registration in an electronic securities register. The bill treats securities based on cryptotechnology (e.g. blockchain) as a subset of electronic securities. In the future, it should be possible to issue and manage crypto-securities via decentralized crypto-securities registers without the involvement of intermediaries.
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2020-09-30 08:10:002020-09-30 08:13:52DRAFT LAW ON THE INTRODUCTION OF ELECTRONIC SECURITIES
When businesses or parts of businesses are transferred, there is regularly an “automatic” transfer of existing employment relationships to the acquirer. The transfer of employment relationships on the occasion of a transfer of business is of great practical relevance and repeatedly the subject of court decisions. In individual cases, difficult questions may arise regarding the allocation of existing employment relationships. The European Court of Justice (“ECJ”) has now ruled that the proportional transfer of an employment relationship to several acquirers is also possible in principle.
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2020-09-30 08:00:002020-09-30 08:01:09TRANSFER OF BUSINESS – PROPORTIONATE TRANSFER OF AN EMPLOYMENT RELATIONSHIP TO SEVERAL ACQUIRERS?
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2020-09-09 17:30:132020-09-09 17:31:47honert advises management on the sale of hg medical GmbH to NORD Holding
REPORTING OBLIGATIONS FOR CROSS-BORDER TAX ARRANGEMENTS – IMPLEMENTATION OF “DAC 6”
/in 2020 Q3/by Ester HahnSince 1 July 2020, special reporting obligations apply in Germany for so-called cross-border tax arrangements. These result from the implementation of the European Directive “DAC 6”. Cross-border tax arrangements must be reported to the Federal Central Tax Office within 30 days, otherwise fines may be imposed. The tax administrations of the EU Member States will exchange the disclosed information among themselves through an automated procedure.
NO INHERITANCE TAX EXEMPTION FOR AN INDEPENDENT, UNDEVELOPED PLOT OF LAND NEXT TO THE FAMILY HOME
/in 2020 Q3/by Ester HahnIn its ruling of 5 April 2018, the Munich Finance Court decided that the exemption from inheritance tax for family homes does not apply to an undeveloped, in terms of land register law independent plot of land, which adjoins the family home, even if the two plots of land form an economic unit. The appeal decision of the BFH is still pending.
THE PLATFORM TO BUSINESS REGULATION
/in 2020 Q3/by Ester HahnThe so-called Platform to Business Regulation (in short “P2B-Regulation”) establishes rules for the first time to achieve a certain balance in view of the steadily increasing power of platform operators on the Internet (“Platform Operators”). For some situations and problems that have proved to be particularly critical for companies in the past, the regulation attempts to encourage Platform Operators to be fairer. The future will show how effective this Regulation will actually be.
DRAFT LAW ON THE INTRODUCTION OF ELECTRONIC SECURITIES
/in 2020 Q3/by Ester HahnThe Federal Ministry of Justice and Consumer Protection and the Federal Ministry of Finance have jointly presented a ministers’ bill for a law on the introduction of electronic securities. The bill focuses on creating a law on electronic securities (eWpG-E). This enables the replacement of securities certificates (verbrieften Wertpapieren) through registration in an electronic securities register. The bill treats securities based on cryptotechnology (e.g. blockchain) as a subset of electronic securities. In the future, it should be possible to issue and manage crypto-securities via decentralized crypto-securities registers without the involvement of intermediaries.
TRANSFER OF BUSINESS – PROPORTIONATE TRANSFER OF AN EMPLOYMENT RELATIONSHIP TO SEVERAL ACQUIRERS?
/in 2020 Q3/by Ester HahnWhen businesses or parts of businesses are transferred, there is regularly an “automatic” transfer of existing employment relationships to the acquirer. The transfer of employment relationships on the occasion of a transfer of business is of great practical relevance and repeatedly the subject of court decisions. In individual cases, difficult questions may arise regarding the allocation of existing employment relationships. The European Court of Justice (“ECJ”) has now ruled that the proportional transfer of an employment relationship to several acquirers is also possible in principle.
honert advises management on the sale of hg medical GmbH to NORD Holding
/in Deal Announcements/by Ester Hahn