Impact of Federal Fiscal Court judgment IV R 26/22
Trade tax on sale of co-ownership interests and sub-participations
Gains on disposal when selling an interest in a partnership are not usually subject to trade tax. According to the Federal Fiscal Court judgment of 21/11/2024 (file ref. IV R 26/22), this principle does not apply in certain circumstances, however, resulting in the gains on disposal being subject to trade tax. In these cases, the trade tax is not charged to the seller but to the partnership. This can result in undesirable burdens on partners who are not involved in the sale.
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7 min read
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10 Feb 2025
