Time for Reforms
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												  Tax Laws and Tax Like ContributionsDraft. Not yet updated and agreed upon. IV. Laws governing tax and tax-like contributions 1 Introduction ........................................................................................................................ 2 2 Main tax categories ............................................................................................................ 3 3 Germany ............................................................................................................................. 3 3.1 Formulating laws ......................................................................................................... 3 3.2 Taxes on Income, Profits and Capital Gains ............................................................... 4 3.3 Taxation of Wealth ...................................................................................................... 5 3.4 Taxation of turnover, consumption, goods and services ............................................. 5 3.5 Customs ....................................................................................................................... 5 3.6 Social security Contributions ....................................................................................... 6 4 Kenya Tax Laws ................................................................................................................. 6 4.1 Formulating laws ......................................................................................................... 6 4.2 The Income Tax Act ...................................................................................................
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												  Promoting Peer Pressure — Germany's Anti-Tax-EvasionVolume 55, Number 1 July 6, 2009 (C) Tax Analysts 2009. All rights reserved. Tax Analysts does not claim copyright in any public domain or third party content. Promoting Peer Pressure — Germany’s Anti-Tax-Evasion Act by Wolfgang Kessler and Rolf Eicke Reprinted from Tax Notes Int’l, July 6, 2009, p. 51 (C) Tax Analysts 2009. All rights reserved. does not claim copyright in any public domain or third party content. Promoting Peer Pressure — Germany’s Anti-Tax-Evasion Act by Wolfgang Kessler and Rolf Eicke Wolfgang Kessler is the director of the tax department of the business and economics faculty at the Uni- versity of Freiburg and a partner with Ernst & Young in Freiburg, Germany. Rolf Eicke is his assistant at the tax department of the University of Freiburg and is with Ernst & Young in Freiburg. The views ex- pressed here are entirely their own. E-mail: [email protected] and [email protected] freiburg.de he fight against tax havens has caused some major that was approved by the government on April 22, Tdistortions in the relationship between Germany 2009, and is scheduled to pass the Bundestag before and Switzerland. Similar to the approach used in the summer break. United States in the Stop Tax Haven Abuse Act, Ger- many intensified its measures to prevent tax evasion by Marketing Against Tax Havens its own citizens starting with a German intelligence agency’s purchase of data on Liechtenstein bank ac- The term ‘‘Anti-Tax-Evasion Act’’ (Steuerhinterzie- counts. (See Kessler and Eicke, ‘‘Germany’s Fruit hungsbekämpfungsgesetz) was chosen wisely.
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												  The$Role$Of$Capital$Income$For$$ Top$Incomes$Shares$In$Germany$ $! WID.world$WORKING$PAPER$SERIES$N°$2015/1$ ! The$Role$of$Capital$Income$for$$ Top$Incomes$Shares$in$Germany$ $ $ Charlotte)Bartels)) and)Katharina)Jenderny) ) ) February)2015$ ) The Role of Capital Income for Top Income Shares in Germany⇤ Charlotte Bartels Katharina Jenderny February 27, 2015 Abstract A large literature has documented top income share series based on income tax statistics using the common methodology established by Piketty (2001, 2003). The widespread disappearance of capital income from the income tax base poses a major challenge to the comparability of these series both over time and between countries. In Germany, capital income was gradually ex- cluded from the income tax base between 2001 and 2009. Using a rich data set containing all income taxpayers’ files we provide a homogeneous top income share series including full capital incomes from 2001 to 2010. Missing capital income since 2009 is extrapolated using a composite measure of stock divi- dends and interest income tax flows. We find that up to the top percentile the drop displayed in the German raw-data series in 2009 is largely attributable to the disappearance of capital income from the income tax base and not to the crisis. However, the very top of the income distribution is disproportionately hit by the crisis. JEL Classification: D31; H2 Keywords: Income Distribution, Inequality, Top Incomes, Taxation, Capital Gains ⇤ Charlotte Bartels ([email protected]) is affiliated to the Free University of Berlin. Katharina Jenderny ([email protected]) is affiliated to the University of Ume˚a. We thank Facundo Alvaredo, Giacomo Corneo, Ronnie Sch¨oband participants of the conference Crises and the Distribution for most valuable comments.
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												  143870 Project Lausanne Scheme IntroBase prospectus dated 12 April 2011 “Bringing Exchange Traded Commodities to the World’s Stock Exchanges” ETFS Commodity Securities Limited (Incorporated and registered in Jersey under the Companies (Jersey) Law 1991 (as amended) with registered number 90959) Prospectus for the issue of ETFS Classic Commodity Securities and ETFS Forward Commodity Securities comprising: Classic Individual Securities LSE code Forward Individual Securities LSE code ETFS Aluminium ALUM ETFS Forward Aluminium ALFO ETFS Cocoa COCO ETFS Forward Coffee FOCO ETFS Coffee COFF ETFS Forward Copper FCOP ETFS Copper COPA ETFS Forward Corn CORF ETFS Corn CORN ETFS Forward Cotton FCOT ETFS Cotton COTN ETFS Forward Crude Oil FCRU ETFS Crude Oil CRUD ETFS Forward Gasoline UGAF ETFS Gasoline UGAS ETFS Forward Gold GOLF ETFS Gold BULL ETFS Forward Heating Oil HEAF ETFS Heating Oil HEAT ETFS Forward Lean Hogs HOGF ETFS Lead LEED ETFS Forward Live Cattle CATF ETFS Lean Hogs HOGS ETFS Forward Natural Gas NGAF ETFS Live Cattle CATL ETFS Forward Nickel NICF ETFS Natural Gas NGAS ETFS Forward Silver FSIL ETFS Nickel NICK ETFS Forward Soybean Oil SYOF ETFS Platinum PLTM ETFS Forward Soybeans SYBF ETFS Silver SLVR ETFS Forward Sugar SUGF ETFS Soybean Oil SOYO ETFS Forward Wheat WEAF ETFS Soybeans SOYB ETFS Forward Zinc ZINF ETFS Sugar SUGA ETFS Tin TINM ETFS Wheat WEAT ETFS Zinc ZINC Classic Index Securities Forward Index Securities ETFS All Commodities DJ-UBSCISM AIGC ETFS Forward All Commodities DJ-UBSCI-F3SM FAIG ETFS Energy DJ-UBSCISM AIGE ETFS Forward Energy DJ-UBSCI-F3SM ENEF
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												  WHU – Otto Beisheim School of Management the Influence of Tax Regimes on Corporate Distribution Policy – an Empirical AnalysWHU – Otto Beisheim School of Management The influence of tax regimes on corporate distribution policy – An empirical analysis of Germany, Switzerland and the United States Dissertation zur Erlangung des Grades eines Doktors der Wirtschaftswissenschaften (Dr. rer. pol.) an der WHU – Otto Beisheim School of Management eingereicht von Holger Theßeling im November 2012 Erstbetreuerin: Prof. Dr. Deborah Schanz Zweitbetreuer: Prof. Dr. Igor Goncharov Contents List of figures IV List of tables V List of abbreviations VI List of symbols VII 1 Introduction 1 2 Payout taxation and payout policy – a survey of selected papers 9 2.1 Introduction . 9 2.2 A neoclassical look on payout policy . 11 2.3 Taxation . 13 2.3.1 The irrelevance view . 15 2.3.2 The old view . 19 2.3.3 The new view . 23 2.3.4 Life-cycle theory . 26 2.4 Asymmetric information . 28 2.4.1 Signaling . 29 2.4.2 Agency theory . 34 2.5 Behavioral economics . 39 2.6 Do taxes really matter? . 43 2.6.1 Empirical evidence from tax reforms . 44 2.6.2 Empirical evidence from surveys . 50 2.7 Conclusion . 54 3 The influence of tax regimes on distribution policy of corpora- tions – evidence from German tax reforms 55 3.1 Introduction . 55 Contents II 3.2 Literature review and hypothesis . 62 3.2.1 The new view of dividend taxation . 63 3.2.2 The traditional view of dividend taxation . 64 3.2.3 Non-tax influences on distribution policy . 66 3.3 Legal framework: Evolution of corporate governance and taxation in Germany .
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												  B. Personal Income TaxB. Personal Income Tax Natural persons (individuals) are liable to (personal) income tax which is subject to increase by a solidarity surcharge. If responsible for a business or trade, individuals are also subject to trade tax. Corporate taxpayers (in parti- cular AG, GmbH, KGaA) are subject to corporate income tax and trade tax. The corporate income tax basically refers to many provisions of the personal income tax as far as the calculation of the tax base is concerned. The perso- nal income tax rules could therefore be considered as a starting point for the corporate income tax system. I. Liability for Personal Income Tax 1. Taxable persons: residents and non-residents Liability to tax is set out in sec. 1 EStG (German Income Tax Act). Each natural person, as defined in sec. 1 BGB (German Civil Code), is subject to personal income tax if he is resident in Germany. Such an individual, or rather natural person, is also referred to as a “tax subject” (Steuersubjekt). Partnerships, e.g., general partnerships (OHG), limited partnerships (KG), etc., are liable neither to personal income tax nor to corporate income tax. Revenue earned by such partnerships is taxed at the level of the share- holders, i.e., the shareholders are subject to tax on partnership earnings. If a natural person maintains a domicile or habitual place of abode in Ger- many, he is fully liable to (income) tax (unbeschränkte Steuerpflicht) as set out in sec. 1 para. 1 EStG. The place of residence and the habitual place of abode are defined in sec. 8 AO and sec.
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												  The „First Supplement“) Pursuant to Article 23 (1) of Regulation (EU) 2017/1129 (The „Prospectus Regulation“This document constitutes a supplement (the „First Supplement“) pursuant to Article 23 (1) of Regulation (EU) 2017/1129 (the „Prospectus Regulation“) First Supplement dated May 10, 2021 to the prospectus for the issuance of up to 9,000,000,000 Perpetual Bitcoin Backed Notes without par value (the „Notes“) dated April 15, 2021 (the „Prospectus“) of Iconic Funds BTC ETN GmbH (the „Issuer“) The First Supplement is to be read and construed in conjunction with the Prospectus. Material inaccuracies: In connection with the publication of the Prospectus on 15 April 2021 after approval, the management came to the Issuer's conclusion that linguistic adjustments on potential redemption restrictions and in the tax warning could be useful. Linguistic adjustments have been made in the presentation of the tax warning, which should be more accessible to the investor in terms of its definiteness and clarity. Furthermore, it would be included as a separate paragraph that, if applicable, custodian banks could have a different tax view. The clarification of the language does not result in an actual change. The changes in § 1 Terms and Conditions were necessary at the request of the Frankfurt Stock Exchange (FWB) in order to have the information resulting from the prospectus, such as the ISIN, anchored in the terms and conditions. The change in § 2 Terms and Conditions has been necessary to document for tax assessment purposes that 100% of the proceeds from the Notes are invested in BTC. This is part of the concept anyway and therefore serves solely declaratory purposes. Significant new factors: The following significant new factors within the meaning of Article 23 of the Prospectus Regulation have arisen: On the basis of a shareholders’ resolution dated April 23, 2021, the Issuer will make an application to trading on the SIX Swiss Exchange (SIX) of the Notes and intends to also offer the Notes to retail clients in SwitZerland.
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												  Dividend Announcement - Convenience TranslationDividend Announcement - Convenience Translation - Fresenius Medical Care AG & Co. KGaA Hof ISIN: DE0005785802 // WKN: 578580 ISIN: US3580291066 // CUSIP: 358029106 On May 20, 2020 the Annual General Meeting of our company has resolved to distribute a dividend of EUR 1.34 for each of the 292,876,570 shares entitled to dividend from the balance sheet profit for the financial year 2020 as reported in the annual financial state- ments. The dividend will be paid from May 26, 2021 by Clearstream Banking AG, Frankfurt/Main, via the custodian banks, less 25 % withholding tax and 5.5 % solidarity surcharge on the withholding tax (in total 26.375 %) as well as, if applicable, church tax on the withholding tax. In the case of foreign shareholders, the withholding tax including the solidarity surcharge may be reduced in accordance with existing agreements to avoid double taxation between the Federal Republic of Germany and the country concerned or other regulations. Further information is available from the Federal Central Tax Office, An der Küppe 1, 53225 Bonn (http://www.bzst.bund.de). Dividends are paid out to domestic shareholders who have submitted a valid "non-assessment certificate" from their local tax office to their custodian bank, without deduction of withholding tax, the solidarity surcharge and, if applicable, church tax. The same applies in whole or in part to domestic shareholders who have submitted an exemption order ("Freistellungsauftrag") to their custodian bank, provided that the exemption volume stated in this order has not already been exhausted by other income from capital assets. Domestic shareholders are taxed in accordance with the provisions of the German Income Tax Act ("Abgeltungsteuer" or "Teileinkünfteverfahren") or the German Corporation Tax Act.
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												  An ABC of TaxesAn ABC of Taxes 2013 Edition An ABC of Taxes | 1 Introduction There are many tasks in society that cannot be performed by individuals alone. These tasks include the provision of education, public infrastructures, health care, a social safety net and internal and external security. In such areas the state acts on society’s behalf. Its activities are financed from tax receipts and they are the state’s most important source of revenue. Without this resource, the state would not be able to take action in the interests of all citizens. This booklet provides information about the different types of taxes in effect in Germany. It tells you who has to pay taxes, what those taxes are for and how much they are. It also reviews the historical development of taxes and other charges, and describes the legal basis on which they are levied. The Federal Ministry of Finance 2 | An ABC of Taxes Contents Contents Taxes and fiscal charges: An overview in facts and figures The Fiscal Code 4 Tax consultancy (assistance in tax matters) 10 Jurisdiction in tax matters 11 International and supranational tax law 13 Agricultural levies in the EU 18 Tasks and structure of the revenue administration 22 Classification of taxes 26 Tax competence at a glance 28 Taxation A to Z Alcopops duty 30 Aviation tax 31 Beer duty 33 Betting and lottery tax 35 Beverage duty 37 Church tax 38 Coffee duty 40 Corporation tax 43 Customs duties 46 Dog tax 52 Electricity duty 53 Energy duty 56 Entertainment tax 60 Excise duties 61 Final withholding tax 62 Fire protection tax 65 Gaming casinos
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												  German Investment Tax Reform Act. Draft of the German Investment Tax Reform Act Sent to Associations for ConsultationJuly 2015 German Investment Tax Reform Act. Draft of the German Investment Tax Reform Act sent to associations for consultation. Contents On 22 July 2015, the German Federal Ministry of Finance (Bundesministeri- um der Finanzen) published its draft of the German Investment Tax Reform 1 Overview of the planned Act (Gesetz zur Reform der Investmentbesteuerung – ‘GITRA’). The draft changes ......................... 1 provides for a fundamental reform of investment taxation provided for in 1.1 New investment tax the draft German Investment Tax Act (“draft GITA”); in addition, the partici- concept .......................... 1 pation exemption regime for capital gains from minority shareholdings 1.2 Tightened rules for minority shareholdings ... 3 shall be abolished. The new provisions will take effect on 1 January 2018. According to the reasoning of the draft, the aim of the investment tax reform 2 Main provisions of the draft GITA ...................... 3 is to introduce a taxation scheme for investment funds open to the general public for private investors which is simple, understandable and easy to ad- 2.1 Scope of application ...... 3 minister. 2.2 Distinction between Investment Funds and Furthermore, the reform is also intended to eliminate risks under EU law of Special Investment Funds only ................................ 5 the current investment taxation law which result from the ECJ decisions “San- tander” (ECJ 10 May 2012, C-338/11 and C-339/11) and “Emerging Markets” 2.3 Taxation at Fund level ... 7 (ECJ 10 April 2014, C-190/12) with respect to a possibly different tax treat- 2.4 Taxation at investor level ment under the current investment taxation law of domestic and foreign in- 10 vestment funds in connection with receiving German source dividends.
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												  Gutachten Zur Verfassungsmäßigkeit Des Sondersteuersatzes Nach § 32D Abs. 1 Estg Nebst Abgeltungsregelung Des § 43 Abs. 5 Estg („Abgeltungsteuer“)Gutachten zur Verfassungsmäßigkeit des Sondersteuersatzes nach § 32d Abs. 1 EStG nebst Abgeltungsregelung des § 43 Abs. 5 EStG („Abgeltungsteuer“) im Auftrag der Bundestagsfraktion Bündnis 90/Die Grünen erstattet von Prof. Dr. Joachim Englisch Institut für Steuerecht WWU Münster Gutachten zur Verfassungsmäßigkeit der Abgeltungsteuer 1 © Prof. Dr. Joachim Englisch ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Inhaltsverzeichnis A. Zusammenfassung der Ergebnisse ......................................................................................3 B. Historie und politische Zielsetzungen der Abgeltungsteuer.................................................8 C. Verfassungsrechtliche Beurteilung der Abgeltungsteuer ................................................... 12 I. Verstoß gegen den Grundsatz gleichmäßiger Besteuerung ............................................. 12 1. Widerspruch zur Grundentscheidung für einen progressiven Einheitstarif ................. 13 2. Keine Grundentscheidung für einen veränderten Einkommensbegriff........................ 15 3. Strenge Anforderungen an eine Rechtfertigung ......................................................... 17 II. Würdigung möglicher Rechtfertigungsgründe .............................................................. 23 1. Verwirklichung
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											New German Capital Income and Capital Gains Laws Mean Increased Taxes for InvestorsJanuary 2009 / Special Alert A legal update from Dechert’s International and Domestic Tax Group New German Capital Income and Capital Gains Laws Mean Increased Taxes for Investors Germany has enacted a new 25% flat rate income tax (Abgeltungsteuer) on all capital income and capital gains for individual investors, effective 1 January 2009. This substantial revision to prior law, and other related changes, will result in increased taxes to German investors in German and foreign companies, especially to management and other individual investors, and to some foreign investors in German companies. New Flat Rate Income Tax for German investments of German private investors into individual Investors private equity or hedge funds, which could have been made tax free under prior law (assuming Under prior law, individual investors generally that their investment represented less than 1% of were taxed only on dividends, interest and on the underlying equity). certain capital gains (e.g. in case of major shareholdings in corporations). However, capital The new tax rate on investment income is 25% gains on investment fund units and on corporate (plus a 5.5% solidarity surcharge on that rate shares were tax free if the individual sold the and church tax where applicable). The old 50% shares or units after a holding period of one year, tax exemption on dividends and on capital gains and in the case of corporate shares provided that on shares and investment fund units (the “half the shareholder owned less than 1% of the income system”) has been abolished. The new company. flat rate income tax is charged on the gross investment income – no related costs, besides a The new law eliminates these tax exemptions and small annual lump sum allowance against all imposes tax on all capital items: investment income (€801 per year, or €1,602 in case of married couples), are tax deductible.