Der Teilbetrieb des UmwStG im Spannungsfeld zwischen Realisations-, Subjektsteuer- und Kontinuitätsprinzip

For business taxation the term ‚branch of activity’ has a significance not to be underestimated. Existing legal structures in corporate groups, for example, require continuous adaptation to changing conditions under which companies exercise their economic activity. It is for reorganisation tax law to ensure that fiscal obstacles to economically reasonable reorganisations are kept at a minimum.
The term ‘branch of activity’ examined in the present work plays a central role – if not the key role – to facilitate continuity of the business activity under a different legal guise as intended by the legislator.
The present work identifies the legislator’s value judgements. This forms the basis for their subsequent analysis and interpretation, finally allowing to produce an appropriate solution for the single problems resulting from the term ‘branch of activity’.