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A no-PE structure refers to a corporate structure that avoids a permanent establishment, usually in Germany. This is particularly important for foreign companies with domestic real estate. A foreign real estate company is subject to corporation tax and the solidarity surcharge, but not to trade tax.

Germany has an inheritance and gift tax that addresses inheritances and gifts in respect of taxation in a national and international context. This includes the transfer of assets from tax residents and non-residents. If the taxable persons are resident in Germany, the worldwide assets are subject to this tax (as an unlimited tax liability). In the case of non-residents, generally only German assets are taxed (as a limited tax liability), although there are exceptions, particularly for tax residents who transfer their domicile abroad. In a series of articles, we will describe the scenarios of cross-border inheritances and gifts from a German perspective.

Under certain circumstances it is beneficial for foreign people to become voluntary members in one or more of the schemes. This is mainly the case for shareholders of foreign companies or partners of foreign partnerships who are not employed in Germany and therefore not obligatory members of Germany’s social security system.

The German social security system is incredibly complex and varies fundamentally from systems of other countries. The parts of the system are very fragmented, and the legal structure is complicated. In addition, there are a lot of different players and organizations involved which makes it even harder to keep track with constant changes in legislation and court decisions. Even many Germans find it impossible to understand the system and its details, and for foreigners who relocate to Germany the system can easily become a devious monster. Therefore, we will publish a serious of articles with the aim to bring some light into this darkness.

The IBDF Instituto Brasileiro de Direito Tributário, the HSB Hochschule Bremen – City University of Applied Sciences - and the International Tax Institute, University of Hamburg, in Cooperation with IFA Section North, Hamburg, are happy to invite you to a Conference with the subject "Comparison of the Tax Systems of Brazil and Germany“.

The development of German tax legislation is characterised by constant, and sometimes fast-moving, changes. This is also the case with the taxation rules for trans-border transactions. International taxation is not only of importance for Germans with economic interests abroad. Foreigners with economic interests in Germany, or for those foreigners who live and work in Germany, are also affected by changes in the German tax law. This article is to inform you about recent changes in legislation, rulings of the fiscal courts and decrees of the tax authorities.

From 1 January 2021 foreign employers are obliged to appoint an Authorised Representative when they employ staff who will be liable to German social security contributions. This obligation is applicable for employers who do not have a registered office in Germany.