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Trade tax liability on capital gains from a participation in a partnership

BFH-Insights

The sale of a participation in a partnership triggers consequences under trade tax law that “require some getting used to”. If a natural person holding a direct interest sells his participation, no trade tax is due at all, except in the cases specified in Sect. 18(3) of the Reorg Tax Act (“Umwandlungssteuergesetz”). If, on the other hand, a corporation sells its participation, trade tax is due in every case (Sect. 7 sent. 2 no. 2 of the Trade Tax Act), which the partnership whose participation was sold owes itself. The Federal Tax Court had to decide (file number III R 38/22) whether trade tax is due for the selling corporation if the sold partnership is not yet subject to trade tax under Sect. 2 of the Trade Tax Act.

Dr Martin Weiss

| 6 min read | 10 Apr 2026

Tax and Compliance Checks for Companies

Health Check Hub

Where do you really stand? Our health checks uncover risks in tax and compliance – compact, practical, to the point.

10 Apr 2026

Taxation of Severance Payments Under German Double Tax Treaties

BFH-Insights

Severance payments are made for the loss of a job. Case law from the Federal Tax Court (“Bundesfinanzhof”) has clarified that such compensation constitutes income from employment within the meaning of Sect. 19 of the German Income Tax Act (e.g. Federal Tax Court, Judgement dated August 1, 2024, file number VI R 52/20, margin no. 31). But how is this addressed in a cross-border context? Do German double tax treaties permit such inclusion if the taxpayer is resident in the other contracting state? The Federal Tax Court has now ruled on this matter again (file number VI R 3/24).

Dr Martin Weiss

| 5 min read | 10 Apr 2026

Cross-border aspects of the German trade tax for shipping companies

BFH-Insights

The German trade tax aims to assess the taxable entity – the business operation (“Gewerbebetrieb”) – based on its own earning capacity, without regard to the personal characteristics of the taxpayer or their personal relationship to the taxable entity. In the case of foreign-related aspects of the trade tax, the so-called “territoriality principle” is to be applied. For taxpayers subject to resident income or corporate taxation who operate a business within the meaning of Sect. 2 of the Trade Tax Act, this territoriality must therefore be “established,” inter alia, through the deduction provided for in Sect. 9 no. 3 of the Trade Tax Act. The fourth chamber of the Federal Tax Court has now ruled on the special case of internationally active shipping companies (file number IV R 30/23).

Dr Martin Weiss

| 7 min read | 07 Apr 2026

Farewell events can be tax-free

No tears of tax on leaving

A celebration to send off valued staff members when they leave is to thank them personally, together with their closest family members, and to look back on what you have achieved to-gether. But companies often combine this with practical business goals such as announcing who will take their place or talking to business customers.

| 5 min read | 07 Apr 2026

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Press releases

Grant Thornton increases annual revenue to EUR 264 million in financial year 2024/25

11 Mar 2026

The audit and advisory firm Grant Thornton in Germany ended the 2024/25 financial year on September 30, 2025, with consolidated revenue of EUR 264 million (up 6 percent on the previous year). The Audit & Assurance division recorded particularly strong growth with an increase of 14 per cent compared to the previous year.

Grant Thornton Germany wins Martin Biegel for the new position of CFO/COO

09 Feb 2026

Martin Biegel joined the Senior Leadership Team of the audit and advisory firm Grant Thornton Germany in February as the new Chief Financial Officer/Chief Operating Officer (CFO/COO) and in this role will actively help drive the firm’s strategic development.

Grant Thornton Germany and Cinven enter into strategic partnership

13 Oct 2025

The Equity Partners of Grant Thornton AG Wirtschaftsprüfungsgesellschaft (“Grant Thornton Germany”) have approved the strategic partnership with international private equity firm Cinven. This marks a key milestone for the transaction initially announced on 10 September 2025, which is expected to close in the first quarter of 2026. The partnership further strengthens Grant Thornton Germany’s position as a leading, trusted service provider in the German audit and advisory market, ushering in its next phase of growth.

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