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An overview by Flick Gocke Schaumburg
From 1 January 2013, a real estate clause was included in Germany’s double taxation agreement with Spain, which also assigns the additional right to tax capital gains from participations whose assets consist of at least 50% immovable property to the state in which the immovable property is located.
The tax authorities assume that the revision agreement will lead to a so-called passive untangling, but according to its latest decision, the FG Münster seems to reject this view.
Christian Kahlenberg (Associate Partner) and Rebekka Rein (Research Associate) of our German firm, Flick Gocke Schaumburg, provide an overview of this decision.
Read the full article here.
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