On December 10, 2019, the Federal Ministry of Finance sent the long-awaited draft of a law on the implementation of the Anti-Tax Avoidance Directive to the associations for comments. more…
Intercompany financing – Amendment of prior decisions of the German Federal Fiscal Court
In three parallel decisions, the German Federal Fiscal Court presented its new opinion regarding the tax treatment of profit-reducing write-offs and partial value write-offs of cross-border receivables between group companies. more…
Corporate Governance for listed and non-listed companies
Corporate governance has long since ceased to be just an issue for listed companies, but is also relevant for companies in the hands of financial investors and family-run businesses. more…
Anti-money laundering – Amendment of the German GwG brings important legal changes on 1 January 2020
With the implementation of the Fifth EU Anti-Money Laundering Directive, there will be a number of important legal changes, especially for Alternative Investment Fund Manager, at the turn of the year. more…
Federal Fiscal Court decides on right of taxation in the absence of DTA
In the international context, which state has the right to tax individual assets in the taxation of the income of co-entrepreneurships? This question was recently decided by the Federal Fiscal Court. more…
The Dutch way of private equity and venture capital fund structuring
Investment funds play an important role in the Dutch economy. Find out more about the special features of fund structuring in the Netherlands. more…
Federal Fiscal Court clarifies open questions regarding distributions by a foreign family foundation
On 10 October 2019, the Federal Fiscal Court (“Bundesfinanzhof” – BFH) published the long awaited ruling of 3 July 2019 (BFH – II R 6/16) on the possible taxation of distributions by a foreign family foundation to German beneficiaries as a gift. more…
ESG compliance becomes law – New EU regulations on sustainability
In the private equity sector, too, more and more attention is being paid to the issues of sustainability and social responsibility. New EU regulations provide the legal framework. more…
Start-ups and CVC – Participation model with special features
Corporate venture capital (CVC) units have become an important factor for the financing of start-ups – not only in Germany, but also in Europe and around the world. . more…
Federal Ministry of Finance reacts to Wächtler decision of ECJ
German tax authorities do not grant a permanent and interest-free tax deferral when moving to Switzerland. more…
Private Equity and Family Offices – Friends or Foes?
More and more family businesses are using private equity as a source of capital or are acting as investors themselves through family offices. However, the interaction between private equity and family offices does not always run smoothly. more…
Insurance of tax risks in M&A transactions
In the context of company acquisitions, the contracting parties are exposed to extensive risks. In order to minimize the tax risks for the buyer, a company purchase agreement regularly contains guarantees and indemnities up to a certain maximum liability amount. In this context, insurance policies are also becoming increasingly popular for the buyer. more…
ECJ case law also applicable to interest rates
Update section 50d para. 3 EStG – The FG Köln has decided that section 50d para 3 EStG in the version of the Annual Tax Act 2007 is applicable, but must be restricted in the light of EU community law and the current ECJ case law. more…
Private Banking & Wealth Management 2020 – Recent developments in Germany
Learn more about the legal foundations of private banking and wealth management in Germany, for example concerning licences, anti-money laundering and financial crime prevention. . more…
Merger Control – Legal Framework in Germany
Overview of some of the key points of German merger control law and practice. German chapter to the Mondaq Comparative Guide on Merger Control. more…