On November 23, 2018, the German Federal Council (Bundesrat) approved the Tax Reform Act of 2018 (the “Tax Reform Act”; Gesetz zur Vermeidung von Umsatzsteuerausfällen beim Handel mit Waren im Internet und zur Änderung weiterer steuerlicher Vorschriften), which was passed by the German Parliament (Bundestag) on November 8, 2018.
Recently the German legislature passed a new law, exempting extraordinary profits created by the waiver of claims under restructurings from income tax liability. The amendment was necessary because the German Federal Tax Court had previously held the original administrative decree (which in a conceptually different manner avoided the tax burden on such profits) unlawful. This article gives a brief overview over the legislative history and the practical consequences of the amendment.
1. LEGISLATIVE HISTORY
28 November 2018
NautaDutilh
Recovery and Resolution (Insurers) Act
FCS Financial Law
An extract from GRR The European, Middle Eastern and African Restructuring Review 2018
Brief overview of insolvency proceedings
Enhanced by no less than five reforms over the past 10 years, French insolvency law now provides a comprehensive set of tools designed to efficiently handle the legal, economic and financial difficulties that companies are facing. The whole insolvency architecture hinges on the key concept of cessation of payments (ie, inability of the debtor to pay its debts as they fall due with its available assets).
On 28 November 2016 the German Federal Fiscal Court (FFC) (GrS BFH 1/15, published on 8 February 2017) held that the guidance on a reorganisation tax privilege (Reorganization Decree (Sanierungserlass)) issued by the German Federal Ministry of Finance (FMF) in 2003 was invalid. The ruling has created great uncertainty for the restructuring practice in Germany regarding the proper tax treatment of restructuring gains.
Das BAG begehrt in seiner Vorlage an den EuGH vom 16.10.2018 (Az.: 3 AZR 139/17) die Klärung der Frage, in welchem Rahmen der Erwerber eines Betriebs aus der Insolvenz des Veräußerers für Betriebsrenten gemäß § 613a BGB übergegangener Arbeitnehmer haften muss und ob seine bislang praktizierte erwerberfreundliche teleologische Reduktion des § 613a Abs. 1 BGB in diesem Zusammenhang unionsrechtskonform ist.
I. Einleitung
As Parliament debates the draft Withdrawal Agreement prior to the vote on 11 December, this week's Q&A looks beyond the headlines at the potential impact of the proposed Brexit deal on a number of specific topics, including what the Political Declaration tells us about the shape of the future EU/UK trade agreement:
Alternative Investment Funds
As we send this final edition of Global Insight for 2018, Rick and I would like to thank you for your continued support of our multi-award-winning Global Restructuring Group. Undeterred by a back-drop of trade tariffs and Brexit, governments and professionals around the world have continued to try to develop laws and protocols to facilitate the best possible recoveries for creditors from cross-border financial distress. Since the dramatic events of 2008, jurisdictions have sought to bolster their insolvency laws, and many, to supplement them with pre-insolvency restructuring options.
On 13 September 2018, the UK Government published a guidance notice (Guidance) on handling civil disputes, including cross-border insolvencies, in the event that the UK exits the EU without having first agreed a framework for ongoing civil judicial cooperation, and from which time and date (11 pm on 29 March 2019) the UK will not benefit from the EU rules to replace the current arrangements.
REGULATORY & GOVERNMENTAL AFFAIRS Noerr EUROPANEWS Issue 32/2018 08 – 12 October 2018 Content LAW ___________________________________________________________________________________________ 1 POLITICS/GENERAL _______________________________________________________________________________ 2 DECISIONS ______________________________________________________________________________________ 3 FROM THE OJEU _________________________________________________________________________________ 3 BRUSSELS INTERN ______________________________________________