The German Federal Court of Finance (Bundesfinanzhof – “BFH”) revealed its position on the tax treatment of carried interest from business-type fund structures. more…
The impact of Brexit on taxes for private clients and non-profit organisations
The Brexit is postponed, but not (yet) cancelled. So while the political dispute in London and Brussels continues, the German legislator has already passed laws for the various conceivable scenarios to take account of the tax problems that arise. An overview. more…
Trade Secrets Act – German legislator increases requirements for companies
With the entry into force of the German Trade Secrets Act, measures will become necessary for companies to appropriately protect their trade secrets in the future as well. more…
Advancing Legal Tech – The Disruption of an Industry
Legal Tech is changing the legal market in the long term. What is already possible today and what influence technology has on the legal profession was the subject of a panel at hub.berlin on 11 April 2019. more…
Anti-Dilution in Management Participations
Anti-dilution protection is an important topic of any management participation. more…
AFMP – German exit tax violates agreement between Switzerland and the EU
On February 26, the European Court of Justice (ECJ) ruled in the Wächtler case that the German exit tax in its current form violates the Agreement on the Free Movement of Persons (AFMP) between Switzerland and the EU and fully endorsed the Advocate General‘s pleading. more…
Investment funds – German law and practice 2019
P+P partners Andreas Rodin, Amos Veith, Jens Steinmueller and Sebastian Käpplinger contributed the Germany chapter for the recently published Chambers and Partners Investment Funds Guide which details all matters with regard to fund Formation, fund investment, fund finance as well as the regulatory and tax environment. more…
Positive shift regarding withholding tax on online advertising
In February 2019, the tax authorities caused uncertainty with their view that a withholding tax of 15.825% should be retained by domestic clients of foreign providers on fees paid for online advertising. This view has now been rejected by the tax authorities at federal and state level. more…
Uniform European regime for Pre-Marketing and Reverse Solicitation
For the distribution of alternative investment funds, uniform European rules will soon apply in the area of so-called pre-marketing, i.e. for the distribution of information about a fund in advance of a distribution license. The rules will also affect the possibility of reverse solicitation. more…
Remedies during and after public takeover offers in Germany
The most interesting question with respect to public takeover offers is most probably that of the consideration offered. The case of the Celesio takeover and the latest case law show this: Bidders will have to calculate even more carefully in future when structuring takeover offers. more…