In the opinion of many M&A experts, transaction activities
in 2012 should be stimulated by spin-offs and carve-outs. However,
the Federal Ministry of Finance [Bundesfinanzministerium,
BMF] has now issued a decree which is calling the tax-neutral
transformation of business units into question more than ever. This
will hinder divisions, if not even prevent them entirely.
Divisions as an alternative to asset deals
The separation of a business unit can be conducted in the form
of an asset deal by selling the assets of such business unit. The
disadvantage of such an individual sale, however, is that essential
contractual relationships do not transfer automatically, with the
result that lengthy renegotiations are required with individual
customers and suppliers. The law on mergers and reorganisations
offers divisions ["Spaltung"] as an alternative.
Here, a business unit is transferred to a company which already
exists or is to be set up
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
On April 6, 2018, there will be an important change to the way termination payments are taxed in the United Kingdom. New tax rules, which aim to simplify the taxation of termination payments ...
You probably know that when operating in a diverse global market, knowing and understanding the local requirements for financial compliance could make the difference between the success...
On 28 November 2017, the Spanish Supreme Court ruled several appeals (No. 807/2017, 809/2017, 812/2017, 813/2017 and 815/2017), clarifying how the concept of "sporadic absences" foreseen under the Spanish Personal Income Tax Law should be interpreted.
On 5 December 2017, the ECOFIN Council published its conclusions on the EU common list of (third country) non-cooperative jurisdictions in tax matters, also referred to as the ‘blacklist'.
On 13 March 2018, the ECOFIN Council updated for the second time the EU list of non-cooperative jurisdictions in tax matters, also referred to as the 'blacklist'.
Charities are generally exempt from VAT under Irish and EU VAT law. This means that they do not charge VAT on the services they provide and cannot recover VAT incurred on goods and services that they purchase.
Taxation of services delivered electronically is one of the big issues of tax law, especially if the service provider is not located in the jurisdiction where the service is delivered.
Cyprus and the United Kingdom signed an updated double tax treaty with respect to Taxes on Income and Capital Gains and the Prevention of Tax Evasion and Avoidance on Thursday, the 23rd of March 2018.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”