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Germany: Tax rules during Brexit transition period; group exemption from real estate transfer tax

Germany: Tax rules during Brexit transition period

Tax legislation in Germany is intended to respond to the need for rules in various areas of German tax and financial market laws with regard to “Brexit” and during the transition period that ends 31 December 2020 (unless the transition period is extended until 31 December 2022).


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During the transition period, references under German law to EU membership will be understood to include Great Britain and Northern Ireland. This will apply, for example, for income tax, value added tax (VAT), and corporate tax purposes.

Read a March 2020 report [PDF 321 KB] prepared by the KPMG member firm in Germany

The KPMG report also includes brief discussions of the following developments:

  • Federal Tax Court (BHF) decisions on the “group exemption” provision for real estate transfer tax purposes (in general, the exemption from real estate transfer tax for certain acquisitions due to restructuring within a group provided that ownership criteria are satisfied after the restructuring)
  • Guidance from the Ministry of Finance (BMF) on the treatment of German limited partnerships under provisions of the Germany-Netherlands income tax treaty, when the partnerships are classified differently by the two countries (in particular, through tax credits in the Netherlands)

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