Germany MOF Clarifies Income Tax Treatment of Shareholder Loans

June 21, 2022, 5:00 AM UTC

The German Ministry of Finance June 7 posted online Notice No. 2022/0474692 clarifying the income tax treatment of shareholder loans, guarantee recourse, and other similar claims. The clarification includes: 1) the definition of acquisition costs including subsequent acquisition costs of shares including disclosed or hidden deposits; 2) the conditions for taking into account loan losses; 3) the different types of loans; 4) the situations when there is a loss on the sale of the loan to a company; and 5) the limitations for loss offsetting for income from capital assets. [Germany, Ministry of Finance, 06/07/22]

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