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
On 12 January 2024, the Federal Constitutional Court (BVerfG) published its long-awaited decision of 28 November 2023 (case no. 2 BvL 8/13), in which it declared the provision of § 6 para. 5 sentence 3 EStG (German Income Tax Act) to be partially incompatible with the general principle of equality under Art. 3 para. 1 of the German Constitutional Law, i.e. to the extent that a transfer of assets between sister partnerships with identical shareholdings at book value is excluded. The decision provides a certain degree of legal certainty in practice, but does not answer all open questions regarding the transfer of book values between partnerships with identical shareholdings.
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2024-03-28 11:30:002024-03-28 17:01:29GOOD THINGS COME TO THOSE WHO WAIT? – BVERFG GIVES (PARTIAL) GREEN LIGHT FOR INCOME TAX-NEUTRAL TRANSFER OF ASSETS BETWEEN SISTER PARTNERSHIPS WITH IDENTICAL SHAREHOLDINGS
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2024-03-11 16:37:102024-03-11 16:37:12honert advises core shareholders on the sale of a block of shares in SMT Scharf AG
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2024-03-11 16:34:492024-03-11 16:34:52honert advises the CERTANIA Group on the acquisition of SPC Werkstofflabor GmbH
From 1 January 2024, employee participation programs may fall more frequently under the benefits of § 19a German Fiscal Code (Einkommensteuergesetz – EStG) (special provision for income from employment in the case of asset participations -Sondervorschrift für Einkünfte aus nichtselbständiger Arbeit bei Vermögensbeteiligungen) and therefore benefit from the associated tax advantages.
With the Act on the Modernization of Partnership Law (Gesetz zur Modernisierung des Personengesellschaftsrechts – MoPeG), a comprehensive reform of German partnership law will come into force on 1 January 2024. This also entails a large number of legal changes for the basic form of partnerships (Personengesellschaften), the partnership under civil law (Gesellschaft bürgerlichen Rechts – GbR). This article is intended to summarize the main changes of the MoPeG for the GbR. In particular, it will be shown which changes of the MoPeG (i) merely codify – already applicable – established case law and which, on the other hand, (ii) actually constitute material changes to the previous legal situation. In particular, so-called external GbRs (Außen-GbR), which participate in legal transactions themselves, will have to take a number of changes into account in future. For example, there is the possibility of voluntary registration of the GbR in a company register (Gesellschaftsregister), whereby this can also become a “registration obligation through the back door” in practice due to legally standardized pre-registration requirements.
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2023-12-21 10:00:002023-12-21 14:55:41ACT ON THE MODERNIZATION OF PARTNERSHIP LAW (MOPEG) – FUTURE CHANGES TO PARTNERSHIPS UNDER CIVIL LAW (GBR)
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.
GOOD THINGS COME TO THOSE WHO WAIT? – BVERFG GIVES (PARTIAL) GREEN LIGHT FOR INCOME TAX-NEUTRAL TRANSFER OF ASSETS BETWEEN SISTER PARTNERSHIPS WITH IDENTICAL SHAREHOLDINGS
/in 2024 Q1/by Ester HahnOn 12 January 2024, the Federal Constitutional Court (BVerfG) published its long-awaited decision of 28 November 2023 (case no. 2 BvL 8/13), in which it declared the provision of § 6 para. 5 sentence 3 EStG (German Income Tax Act) to be partially incompatible with the general principle of equality under Art. 3 para. 1 of the German Constitutional Law, i.e. to the extent that a transfer of assets between sister partnerships with identical shareholdings at book value is excluded. The decision provides a certain degree of legal certainty in practice, but does not answer all open questions regarding the transfer of book values between partnerships with identical shareholdings.
honert advises core shareholders on the sale of a block of shares in SMT Scharf AG
/in Deal Announcements/by Ester Hahnhonert advises the CERTANIA Group on the acquisition of SPC Werkstofflabor GmbH
/in Deal Announcements/by Ester HahnFUTURE FINANCING ACT – NEW TAX BENEFITS FOR EMPLOYEE PARTICIPATION PROGRAMS
/in 2023 Q4/by Ester HahnFrom 1 January 2024, employee participation programs may fall more frequently under the benefits of § 19a German Fiscal Code (Einkommensteuergesetz – EStG) (special provision for income from employment in the case of asset participations -Sondervorschrift für Einkünfte aus nichtselbständiger Arbeit bei Vermögensbeteiligungen) and therefore benefit from the associated tax advantages.
ACT ON THE MODERNIZATION OF PARTNERSHIP LAW (MOPEG) – FUTURE CHANGES TO PARTNERSHIPS UNDER CIVIL LAW (GBR)
/in 2023 Q4/by Ester HahnWith the Act on the Modernization of Partnership Law (Gesetz zur Modernisierung des Personengesellschaftsrechts – MoPeG), a comprehensive reform of German partnership law will come into force on 1 January 2024. This also entails a large number of legal changes for the basic form of partnerships (Personengesellschaften), the partnership under civil law (Gesellschaft bürgerlichen Rechts – GbR). This article is intended to summarize the main changes of the MoPeG for the GbR. In particular, it will be shown which changes of the MoPeG (i) merely codify – already applicable – established case law and which, on the other hand, (ii) actually constitute material changes to the previous legal situation. In particular, so-called external GbRs (Außen-GbR), which participate in legal transactions themselves, will have to take a number of changes into account in future. For example, there is the possibility of voluntary registration of the GbR in a company register (Gesellschaftsregister), whereby this can also become a “registration obligation through the back door” in practice due to legally standardized pre-registration requirements.