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German Ministry of Finance issues first draft of Annual Tax Act 2022 including provisions regarding extraterritorial taxation of IP

|Tax Alerts, Legislation & Policy, National/Federal Taxation, Technology|Germany, European Union
Germany, European Union

  • The Act proposes to eliminate the nonresident taxation of certain royalty income and capital gains relating to rights solely because these rights are registered in a public German book or register. This is a key development in the debated issue of German extraterritorial taxation of IP.

  • The proposal would abolish extraterritorial taxation of IP to the largest extent as of 2023 and retroactively for transactions between unrelated parties.

  • It is currently unclear whether and when the draft will bec…

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