Germany: Federal Tax Court Closes Loophole in Germany–Luxembourg Tax Treaty

Journal
Germany
European Taxation 2009 (Volume 49), No. 3
In its decision of 4 July 2008,the Federal Tax Court (Bundesfinanzhof, BFH) held that the income of a German limited liability company derived from a participation as a typical silent partner of a Luxembourg company is not exempt in Germany in accordance with the Germany–Luxembourg tax treaty. In this note, the author considers the Federal Tax Court’s decision.