englischAn analysis of the provisions of the VAT Directive following the adoption of the VAT e-commerce package makes it clear that the amended provisions cannot effectively prevent VAT fraud, particularly in the area of third-country B2C transactions. The work therefore offers an innovative [...]

englischWenn Sie Due to the steady growth in e-commerce, the German legislator introduced complex new VAT regulations regarding distant sales of goods, the legal integration of marketplaces, platforms, portals or similar means operators into the supply chain and special taxation procedures as of [...]

englischDo general anti-avoidance rules around the world show, despite their different design, more similarities than it seems at first? In order to answer this question, the author examines the law of Hong Kong, Singapore and the People's Republic of China as a counterpart to Western legal systems [...]

englischTime and again, there are short-term legislative changes in the area of VAT, such as the tax rate reduction in 2020. However well-intentioned such tax rate changes may be, from a legal perspective they lead to considerable problems if the parties had already concluded a contract including [...]

englischThe taxation of capital gains and losses has occupied the courts since the introduction of the „Abgeltungsteuer“. On the basis of a systematic analysis of income from capital assets, it is proven that section 20 (2) EStG intents the taxation of all realized capital gains and losses. This [...]

englischThe work deals with "Paying with data" from a VAT perspective. Starting from the (tax) legal classification of artificial intelligence, the effects of the use of artificial intelligence in business models on the existing taxation system are presented and the current political reform [...]

englischThe thesis deals with the fundamental tax policy question on the "correct" treatment of losses in partnerships and other tax-transparent entities.

It is based on a legal comparison with countries in which the borderline between transparent and non-transparent taxation is drawn differently [...]

englischThe German Income Tax Act simply states that partners must pay tax on their share of the partnerhip’s profits. The amount of this share is based on the profit distribution agreement under private law, which the partners are largely free to structure. In contrast, the U.S. tax code provides [...]

englisch Pillar Two of the OECD's two-pillar-approach to solve the tax challenges arising from digitalization provides for the introduction of global minimum taxation of large multinational entities. This is the largest project to date to reform and align international taxation. This thesis explains [...]

englischIn recent years, the home office has become a phenomenon of the modern working world. Against this background, the paper deals with the implications of working from home in national and international tax law. The special circumstances of the Corona pandemic are included in the study. The [...]

englischThe legal situation is unclear and difficult to disentangle in its complexity. This dissertation provides answers and fresh impetus for the income tax treatment of options transactions. The work helps the legal practitioner and enhances insights into current income tax law in the fields [...]

englischArt. 6 ECHR grants various elementary procedural rights.The procedural guarantee is directly applicable in fiscal court proceedings and also has an indirect legal effect which must be taken into account when interpreting national procedural law. Current German procedural practice does [...]

englischSecondments form an essential link between domestic and foreign group companies. Thus, the taxation of secondments affects both the employee and employer as well as several tax jurisdictions. This results in a considerable complexity of the taxation of secondments, which in turn creates [...]

englischUnder current German law a criminal court is allowed to sentence for tax evasion although the tax court denies the underlying fiscal claim. This consequence follows from the criminal courts’ competence to examine preliminary tax questions (Vorfragenkompetenz). The work analyses whether such [...]

englischThe taxpayer’s freedom of tax structuring and the legislative interest in effective anti-tax abuse measures are at odds. This conflict of interest is particularly distinct in the area of tax loss utilisation. At the same time, the constitutional foundation of tax loss utilisation [...]

englischDigitalisation tremendously affects the basic idea of value-added taxation: the exchange of goods and services for consumption. This dissertation focuses on the exchange of seemingly “free” online services and the customers’ consent to the exploitation of their personal data. Such exchanges [...]

englischThe present work deals with the taxation of religious orders a subject which has hitherto been neglected in law, in the larger subject area of taxation of the non-profit sector. This is astonishing, since for centuries the religious orders have been of considerable importance with the social [...]

englischThe book The Permanent Establishment in Double Taxation Conventions deals with the income tax law issues of how the term permanent establishment is defined in the OECD and UN Model Tax Convention and what function the concept of permanent establishment has in the system of double taxation [...]

Hybride Gestaltungen gehören zu den wichtigsten Aufbauelementen von grenzüberschreitenden Steuergestaltungsmodellen und sind eines der komplexesten Themen des Internationalen Steuerrechts. Mit der Anti Tax Avoidance Directive (ATAD) hat der Unionsgesetzgeber den Mitgliedstaaten die rechtliche [...]

englischIncome tax law lacks clear regulations in terms of what fiscal consequences can occur if an income tax issue is later reversed. It is thus left to those who apply the law to address how such reversals should be dealt with fiscally. In this regard, the solutions to this problem found in case [...]

englischThe aim of this thesis is to develop a concept for a new version of section 6, paragraphs 3 and 5 of the German Income Tax Act. For this purpose, it comprehensively analyses and evaluates the existing legal requirements for transferring individual assets and groups of assets in partnerships. [...]

englischThis book’s topic is one of the most complex and highly debated issues in international tax law. The basis of the analysis is provided by identifying three main problems and uncertainties when dealing with hybrid entities. By means of these, the author systemises and subsequently analyses [...]

englischIn order to establish a fiscal unity for corporate tax (Organschaft) in Germany, group members must be party to a so-called profit transfer agreement according to the German Stock Corporation Act (AktG). This agreement leads to interdependences between tax and corporate law, which are not [...]

Der schillernde Begriff Kunst wird als eigenständiger Rechtsbegriff jeweils im konkreten Gesetzeszusammenhang funktionalisiert. Die Arbeit analysiert die Nutzung im Internationalen Steuerrecht (Art. 17 OECD-MA) zur praktikablen Zuordnung von Besteuerungsrechten im Vergleich zur Funktionalisierung [...]

englischIn her doctoral thesis “The Single Supply under VAT Law”, Stefanie Baur-Rückert develops a new approach for dealing with single supplies in practice. The concept of “supply”, which is not defined in the EU VAT Directive, is thoroughly examined. Supply under the EU VAT Directive is determined [...]