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    Restructuring privilege for the use of tax loss carry forwards for corporations incompatible with EU law
    2011-02-02

    The EU Decision

    The EU Commission has held on January 26, 2011 that the so called restructuring privilege offered by German corporate tax law, which allows corporations in a distressed financial situation to continue to set off tax loss carry forwards against future profits even if their shareholder structure has substantially changed, is incompatible with EU State Aid provisions.

    The recipients, which have applied the restructuring privilege, are now threatened with the reclaim of the tax benefits.

    Filed under:
    Germany, Insolvency & Restructuring, Tax, Trade & Customs, Mayer Brown, Share (finance), Wage, Shareholder, Market liquidity, Debt, Subsidy, State aid, Pro rata, European Commission, Federal Ministry of Finance (Germany), Court of Justice of the European Union
    Authors:
    Dr. Marco Wilhelm
    Location:
    Germany
    Firm:
    Mayer Brown
    COVID-19 Government Intervention Schemes
    2021-06-01

    COVID-19

    Government Intervention Schemes

    Current as of 21 May 2021

    Government Intervention Schemes

    COVID-19 Government Intervention Schemes 2

    Countries around the globe are facing unprecedented and rapid change due to the COVID-19 pandemic. This guide provides a summary of key government interventions around the globe in relation to: EU State Aid Approvals (for EMEA region), foreign investment restrictions, debt, equity and taxation.

    Filed under:
    Canada, China, European Union, Hungary, United Kingdom, USA, Agriculture, Banking, Capital Markets, Corporate Finance/M&A, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Litigation, Media & Entertainment, Tax, Baker McKenzie, Libor, Private equity, Venture capital, Supply chain, Telemedicine, Fourth Amendment, State aid, Force majeure, Cybersecurity, Coronavirus, Personal protective equipment, Paycheck Protection Program, CARES Act 2020 (USA), US Securities and Exchange Commission, European Commission, HM Revenue and Customs (UK), Small Business Administration (USA), Committee on Foreign Investment in the United States, EFTA, Bank of England
    Location:
    Canada, China, European Union, Hungary, United Kingdom, USA
    Firm:
    Baker McKenzie
    Austria: Coronavirus - Updated Quick Guide on the new COVID-19 Regulations
    2020-04-10

    Financial Assistance (1)

    [UPDATE] Which government support schemes are in place? 

    The Federal Government has set up a fund of initially EUR 4 billion by establishing financing companies. With the third 3rd COVID-19 Act, which was passed in the National Council on 03 April, the Federal Government is increasing the fund's resources to up to EUR 28 billion.

    An additional financial aid package of up to EUR 34 billion shall consist of

    Filed under:
    Austria, Banking, Company & Commercial, Competition & Antitrust, Employment & Labor, Insolvency & Restructuring, Projects & Procurement, Real Estate, Tax, Baker McKenzie, State aid, Coronavirus
    Location:
    Austria
    Firm:
    Baker McKenzie
    New shipyard legislation in Poland to comply with EU state aid rules
    2009-04-01

    In November 2008, the European Commission (EC) found state aid granted by the Polish government to two Polish state-controlled shipyards (Stocznia Szczecinska Nowa and Stocznia Gdynia), illegal under EU single market rules and requested its return to the government with accrued interest. The EC decided however to postpone the enforcement of the return of state aid for seven months until 6 June 2009 to allow for the prior public sale of the shipyards’ assets at market price.

    Filed under:
    European Union, Poland, Insolvency & Restructuring, Shipping & Transport, Trade & Customs, Norton Rose Fulbright, Bankruptcy, Internal market, Liquidation, Subsidy, State aid, European Commission
    Authors:
    Grzegorz Dyczkowski
    Location:
    European Union, Poland
    Firm:
    Norton Rose Fulbright

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