For editorial cut-off date, disclaimer, and notice of copyright see end of this article.
As an update, we note that a case posing the issue of the compatibility of Germany's thin capitalisation rules (§ 8a KStG) with European law is still pending before the European Court of Justice (ECJ case no. C-324/00).
Citing reasons why the thin capitalisation rules may violate the freedom of establishment clause of the EC Treaty, the Münster Tax Court referred the question of the compatibility of these rules with European law to the ECJ in its ruling of 21 August 2000 (9 K 11 93/00 – EFG 2000, 1273).
More recently, the Berlin Tax Court granted a taxpayer motion to stay collection of tax by reason of "serious doubt" as to the compatibility of § 8a KStG with European law (ruling of 26 January 2001 – 7 B 8348/00 – EFG 2001, 527).
Editorial cut-off date: 20 March 2002
Disclaimer and notice of copyright
This article treats the subjects covered in condensed form. It is intended to provide a general guide to the subject matter and should not be relied on as a basis for business decisions. Specialist advice must be sought with respect to your individual circumstances. KPMG Germany in particular insists that the tax law and other sources on which the article is based be consulted in the original, whether or not such sources are named in the article. Please note that the article is current only through its editorial cut-off date shown immediately above (not to be confused with the later date as of which the article was placed online – the date appearing at the article's outset). Related developments subsequent to the editorial cut-off are not necessarily reported on in later articles. Please note as well that later versions of this article or other articles on related topics may have since appeared on this database or elsewhere and should also be searched for and consulted. While KPMG Germany's articles are carefully reviewed, it can accept no responsibility in the event of any inaccuracy or omission. Any claims nevertheless raised against KPMG Germany on the basis of this article are subject to German substantive law and, to the extent permissible thereunder, to the exclusive jurisdiction of the courts in Frankfurt am Main, Germany. This article is the intellectual property of KPMG Germany (KPMG Deutsche Treuhand-Gesellschaft AG). No use of or quotation from the article is permitted without full attribution to KPMG Germany and the article's stated author(s), if any. Distribution to third persons is prohibited without the express written consent of KPMG Germany in advance.
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