Die Sanierungsfeindlichkeit des deutschen Unternehmenssteuerrechts am Beispiel des Forderungsverzichts

This work is engaged in showing the negative fiscal consequences of a waiver on debt in the case of a recapitalization of a company. The statutary rule of taxation of a profit achieved by a waiver on debt is discussed, the profit´s fundamental controlability is questioned.
After a short description of fundamental basics in the case of a company’s recapitalization and corresponding reorganization measures, especially fiscal consequences, the statutary rule of taxation of a profit derived from a recapitalization of a company is analysed. The fundamental controlability of the profit is questioned as well as the current legal rules. After that the individual consequences for all parties concerned are described in detail, existing problems are shown.
The consequences of capital transfer tax and some special cases of waiver on debt are separately discussed.