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11 Intertax 1 (1983)

handle is hein.kluwer/intrtax0011 and id is 1 raw text is: News and Trends

France: No Reform of the Corporate Tax System
The French government withdrew its legislative proposal to replace the existing
imputation system (avoir fiscal) by another tax credit system (see News and Trends
1982, p. 205).
Germany: Real Estate Transfer Tax
As of I January 1982, the rate of real estate transfer tax is reduced from 7 to 2 %. At the
same time, most of the existing exemptions are abolished.
Germany: Formal Tax Requirements for Contracts with the
Controlling Shareholder
In a decision of 21 July 1982, the Federal Tax Court narrowed the field of
application of the principle that for tax purposes agreements between a company
and its controlling shareholders have to be concluded in advance and clearly
documented, i.e. in writing.
Germany: Proposal for an Obligatory Interest-free Loan
Under a new government proposal, individual and corporate taxpayers will be
required to subscribe to an interest-free loan which amounts to 5 % of the income tax
prepayment for the years 1983 and 1984 and which will be repayable in 1987 to 1989.
25 % of qualifying investments in fixed assets made in the preceding year may be
credited against this obligatory loan.
Germany: Other Important Tax Proposals
The Bundestag adopted the following important tax proposals:
-  Tax-free reserve in case of takeover of businesses in difficulties: taxpayers who
acquire businesses of endangered existence may set up a tax-free reserve of
30 % of 40 % of the acquisition costs. The tax-free reserve must be reintegrated
to profits in five annual instalments starting in the sixth year after it was set
up.
-  Losses from passive foreign operations: losses from certain passive foreign
investments may no longer be deducted from other income, but only be
compensated with future income of the same category derived from the same
country.
-  Value added tax: as of 1 July 1983, the rates of value added tax will be
increased to 14 and 7 %.
-  Local trade tax: addition of long-term interest: under existing law, interest on long-
term loans is added to taxable income and long-term loans are added to taxable
capital for the purpose of local trade tax (see INTERTAX 1982, p. 214). For 1983,
these additions will be reduced by 40 % and starting in 1984, by 50 %.
-  No thin capitalization legislation: there is no provision in the new tax laws
concerning thin capitalization. It is anticipated that this will be the object of a future
legislative proposal.

Intertax 1983/1

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