Zur Rechtsnatur des Carried Interest, der Systematik des § 18 Abs. 1 Nr. 4 EStG und dessen Geltungsgrund

The taxation of carried interest still raises questions today. Even 20 years after the introduction of a statutory regulation, it is unclear whether carried interest represents a remuneration for the contributions made by the managers for the benefit of the fund's investors or whether it is a tax-privileged share in the profits from the fund's investments. The legal regulation does not fit seamlessly into the systematics of the EStG and thus poses major problems in practice. The author therefore examines the legal nature of carried interest, the systematics of Section 18 (1) No. 4 EStG and its reason for application. In doing so, the author analyzes the effects of the legal regulation on cross-border situations.