Die Besitzgesellschaft im nationalen und internationalen Steuerrecht

Dividing an operation into a holding and an operating company results in German tax case-law in a so called „Betriebsaufspaltung“. Recognised under civil law, tax law causes certain consequences for the holding company. The research investigates this holding company from an economical point of view. It elaborates a counter concept to the traditional understanding and shows sufficient own economic activity of the holding company. Thereby “re-defined”, it is an “enterprise” in international tax (treaty) law and a “Gewerbebetrieb” in German tax law. As a result, German tax case-law needs to be adjusted according to the elaborated concept.