Mandatory e-invoice from 1.1.2025
With the passing of the Growth Opportunities Act, it is clear that companies must be able to receive and process e-invoices from January 1, 2025. There are transitional regulations for sending.
With the passing of the Growth Opportunities Act, it is clear that companies must be able to receive and process e-invoices from January 1, 2025. There are transitional regulations for sending.
The Internal Revenue Service (IRS) is increasing pressure on US subsidiaries of foreign companies to ensure compliance with transfer pricing rules. US companies should prepare for increased audits.
The Growth Opportunities Act introduced new regulations for cross-border group financing. The difficulties for recognising interest payments are now significantly higher and, in many cases, there is a risk of double taxation!
The Federal Ministry of Finance (BMF) has carried out a long overdue revision of at least some critical issues with the publication of a revised letter on the tax treatment of wages under double taxation agreements (DTAs).
The OECD has presented its final report on Pillar One / Amount B. The determination and tax audit of international transfer prices of sales companies could be significantly simplified in future.
Although not explicitly provided for in the law, the Federal Fiscal Court ruled on 6 September 2023 that the exit tax arising in accordance with section 6 AStG is to be deferred permanently and interest-free in the event of an exit to Switzerland - if necessary with the granting of a security
The Federal Fiscal Court has issued its first decision on the issue of the relocation of functions between internationally affiliated companies. It is clear that the court does not follow the tax authorities on all points.
Germany was one of the first countries in the world to finalise the legislative process for implementing the global minimum taxation (Pillar Two). The law came into force shortly before the turn of the year and is to be applied for the first time in 2024.
The European Court of Justice (ECJ) provided more clarity on fines with a ruling on 5 December 2023: The prerequisite for a fine is fault on the part of the company.
The Tax Haven Defence Act has been in force for two years, but so far with a manageable number of cases affected. This is likely to change abruptly if Russia is declared a tax haven in the short term, as planned.