The Resource Re US S Corporation's German withholding tax status : I R 48/12
Re US S Corporation's German withholding tax status : I R 48/12
Resource Information
The item Re US S Corporation's German withholding tax status : I R 48/12 represents a specific, individual, material embodiment of a distinct intellectual or artistic creation found in International Bureau of Fiscal Documentation.This item is available to borrow from 1 library branch.
Resource Information
The item Re US S Corporation's German withholding tax status : I R 48/12 represents a specific, individual, material embodiment of a distinct intellectual or artistic creation found in International Bureau of Fiscal Documentation.
This item is available to borrow from 1 library branch.
- Summary
- Judgment by the Bundesfinanzhof (BFH) (Federal Tax Court), judgment date 26 June 2013. The taxpayer was a US Company which had elected under US tax law to be an "S" Corporation, that is to say it would be fiscally-transparent and its income would be taxed in the hands of its shareholders, all of whom were resident in the US. The S Corporation owned 50 per cent of the shares in a German company. In 2008, the German company distributed a profit of over €1m but deducted withholding taxes of over 20 per cent. The taxpayer applied for a refund on the basis that as it owned over 10 per cent of the German company it was entitled to the reduced withholding tax under the German-US double taxation convention as amended in 2008. The German tax authority conceded that it was entitled to a partial refund. The taxpayer appealed unsuccessfully to the local tax court and then to the BFH. The judgment of the German Federal Fiscal Court is the first one dealing with the scope of art 1 para 7 of the German-US tax treaty
- Language
- eng
- Label
- Re US S Corporation's German withholding tax status : I R 48/12
- Title
- Re US S Corporation's German withholding tax status : I R 48/12
- Language
- eng
- Summary
- Judgment by the Bundesfinanzhof (BFH) (Federal Tax Court), judgment date 26 June 2013. The taxpayer was a US Company which had elected under US tax law to be an "S" Corporation, that is to say it would be fiscally-transparent and its income would be taxed in the hands of its shareholders, all of whom were resident in the US. The S Corporation owned 50 per cent of the shares in a German company. In 2008, the German company distributed a profit of over €1m but deducted withholding taxes of over 20 per cent. The taxpayer applied for a refund on the basis that as it owned over 10 per cent of the German company it was entitled to the reduced withholding tax under the German-US double taxation convention as amended in 2008. The German tax authority conceded that it was entitled to a partial refund. The taxpayer appealed unsuccessfully to the local tax court and then to the BFH. The judgment of the German Federal Fiscal Court is the first one dealing with the scope of art 1 para 7 of the German-US tax treaty
- Citation source
- In: International tax law reports. - London. - Vol. 16 (2014),
- http://bibfra.me/vocab/relation/comm
- -EFKkDunBqw
- http://library.link/vocab/creatorName
- Lüdicke, J. (Jürgen)
- Geographic coverage
-
- European Union
- Europe
- North America
- Language note
-
- German
- English
- http://library.link/vocab/relatedWorkOrContributorName
- Baker, P
- http://library.link/vocab/subjectName
-
- case law
- tax treaty
- treaty interpretation
- small business corporation
- tax transparency
- dividend withholding tax
- beneficial ownership
- residence
- dividend
- Label
- Re US S Corporation's German withholding tax status : I R 48/12
- Label
- Re US S Corporation's German withholding tax status : I R 48/12
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<div class="citation" vocab="http://schema.org/"><i class="fa fa-external-link-square fa-fw"></i> Data from <span resource="http://link.library.ibfd.org/portal/Re-US-S-Corporations-German-withholding-tax/lS74XErcG3o/" typeof="Book http://bibfra.me/vocab/lite/Item"><span property="name http://bibfra.me/vocab/lite/label"><a href="http://link.library.ibfd.org/portal/Re-US-S-Corporations-German-withholding-tax/lS74XErcG3o/">Re US S Corporation's German withholding tax status : I R 48/12</a></span> - <span property="potentialAction" typeOf="OrganizeAction"><span property="agent" typeof="LibrarySystem http://library.link/vocab/LibrarySystem" resource="http://link.library.ibfd.org/"><span property="name http://bibfra.me/vocab/lite/label"><a property="url" href="http://link.library.ibfd.org/">International Bureau of Fiscal Documentation</a></span></span></span></span></div>
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<div class="citation" vocab="http://schema.org/"><i class="fa fa-external-link-square fa-fw"></i> Data from <span resource="http://link.library.ibfd.org/portal/Re-US-S-Corporations-German-withholding-tax/lS74XErcG3o/" typeof="Book http://bibfra.me/vocab/lite/Item"><span property="name http://bibfra.me/vocab/lite/label"><a href="http://link.library.ibfd.org/portal/Re-US-S-Corporations-German-withholding-tax/lS74XErcG3o/">Re US S Corporation's German withholding tax status : I R 48/12</a></span> - <span property="potentialAction" typeOf="OrganizeAction"><span property="agent" typeof="LibrarySystem http://library.link/vocab/LibrarySystem" resource="http://link.library.ibfd.org/"><span property="name http://bibfra.me/vocab/lite/label"><a property="url" href="http://link.library.ibfd.org/">International Bureau of Fiscal Documentation</a></span></span></span></span></div>
