https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2024-05-14 14:07:152024-05-14 14:07:19honert advises the CERTANIA Group on the acquisition of MPR China Certification GmbH
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2024-05-10 10:02:552024-05-10 10:02:59honert advises the CERTANIA Group on the acquisition of SpineServ GmbH & Co. KG
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2024-04-10 10:17:212024-04-10 10:17:24honert advises the sellers of fluent:cx
In its ruling dated 9 November 2023 (case no. IV R 9/21), the BFH decided on the taxation of so-called earn-out payments that these purchase price components are (only) taxable as subsequent business income at the time of receipt. This raises the further question of whether the agreement of earn-out payments as a whole jeopardizes the advantageous taxation of sale gains in accordance with § 34 para. 3 German Income Tax Act (EStG).
A so-called due diligence review is probably indispensable in connection with company acquisitions and sales and has long since established itself as the market standard in the run-up to M&A transactions. However, due diligence reviews are also a regular occurrence in other areas of law – including real estate transactions. A recent decision by the BGH deals with the seller’s obligation to provide information if he offers a data room to carry out a due diligence review as part of a real estate transaction. Conclusions for M&A transactions could also be derived from this decision.
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2024-03-28 11:50:002024-03-28 18:21:11OBLIGATION OF DISCLOSURE AND DUE DILIGENCE IN THE FOCUS OF THE BGH
In its ruling dated 6 September 2023, case reference: I R 16/21, the Federal Fiscal Court (BFH) decided that the participation threshold of 10 % under § 8b para. 4 sentence 6 German Corporation Tax Act (KStG) can also be reached if several sellers are involved in the acquisition transaction. Accordingly, it depends on the existence of an economically uniform acquisition transaction.
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2024-03-28 11:40:002024-03-28 16:44:59SO-CALLED BLOCK ACQUISITION OF A STAKE OF AT LEAST 10 % FROM SEVERAL SELLERS
honert advises the CERTANIA Group on the acquisition of MPR China Certification GmbH
/in Deal Announcements/by Ester Hahnhonert advises the CERTANIA Group on the acquisition of SpineServ GmbH & Co. KG
/in Deal Announcements/by Ester Hahnhonert advises the sellers of fluent:cx
/in Deal Announcements/by Ester HahnPURCHASE PRICE WITH EARN-OUT – ADVANTAGEOUS TAXATION OR NOT?
/in 2024 Q1/by Ester HahnIn its ruling dated 9 November 2023 (case no. IV R 9/21), the BFH decided on the taxation of so-called earn-out payments that these purchase price components are (only) taxable as subsequent business income at the time of receipt. This raises the further question of whether the agreement of earn-out payments as a whole jeopardizes the advantageous taxation of sale gains in accordance with § 34 para. 3 German Income Tax Act (EStG).
OBLIGATION OF DISCLOSURE AND DUE DILIGENCE IN THE FOCUS OF THE BGH
/in 2024 Q1/by Ester HahnA so-called due diligence review is probably indispensable in connection with company acquisitions and sales and has long since established itself as the market standard in the run-up to M&A transactions. However, due diligence reviews are also a regular occurrence in other areas of law – including real estate transactions. A recent decision by the BGH deals with the seller’s obligation to provide information if he offers a data room to carry out a due diligence review as part of a real estate transaction. Conclusions for M&A transactions could also be derived from this decision.
SO-CALLED BLOCK ACQUISITION OF A STAKE OF AT LEAST 10 % FROM SEVERAL SELLERS
/in 2024 Q1/by Ester HahnIn its ruling dated 6 September 2023, case reference: I R 16/21, the Federal Fiscal Court (BFH) decided that the participation threshold of 10 % under § 8b para. 4 sentence 6 German Corporation Tax Act (KStG) can also be reached if several sellers are involved in the acquisition transaction. Accordingly, it depends on the existence of an economically uniform acquisition transaction.