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An analysis by Flick Gocke Schaumberg, Taxand Germany

 

German tax courts recently addressed a dispute over permanent establishments, focusing on a foreign company with a domestic property managed by a German service company.

 

The courts determined that the client did not have a fixed place of business in the rented property but recognised a domestic management permanent establishment based on the location of day-to-day business transactions. It is argued that the decision underscores the importance of robust documentation for foreign real estate companies and those using specific structures, emphasising the rarity of assuming a (management) permanent establishment on someone else’s premises.

 

In this article, Yannick Barbu from Flick Gocke Schaumberg analyses the details and implications of the dispute.

 

Read the full article here.

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Article tags

Germany | International Tax | Real Estate Tax | Tax

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