The Federal Tax Court (BFH) on September 25, 2024, held (II R 36/21) that a transfer by an Irish company, of shares in another Irish company that indirectly owned real estate in Germany, to a company resident in the British Virgin Islands, was subject to real estate transfer tax for foreign companies in accordance with section 1 (3) Real Estate Transfer Tax Act (RETTA).
The BFH found that the group exemption rule of section 6a RETTA did not apply because there was no "corresponding reorganisation" under the law of an EU member state.
Read an April 2025 report聽prepared by the 乐鱼（Leyu）体育官网 member firm in Germany
Other recent tax developments in Germany include:
- The BFH held that foreign withholding taxes on dividend income of a domestic controlled company cannot be deducted in isolation when determining the trade income in the tax group for trade tax purposes if the dividend income is tax-free for corporation tax purposes (October 16, 2024, decision 鈥� I R 16/20).
- The BFH held that remuneration agreements between a stock corporation and a member of the management board who is also a minority shareholder are generally to be recognized under tax law and not treated as a hidden profit distribution (October 24, 2024, decision 鈥� I R 36/22).
- The Federal Ministry of Finance (BMF) published synthesized texts of German income tax treaties and the BEPS MLI.
- The BMF on March 6, 2025, issued guidance on the income tax treatment of certain cryptoassets.