AVOIDANCE OF DOUBLE TAXATION

Double taxation treaties are designed to avoid double taxation. They help to minimize your tax burden

Tax avoidance during departure and tax optimization for periods after transfer of residence abroad

Foreign tax law deals with tax regulations that affect cross-border activities of companies and individuals.

Inheritance Tax International looks at the tax regulations that must be observed in cross-border inheritance cases.

Avoidance of double taxation

The avoidance of double taxation is an important issue in international tax law. Double-taxation occurs when two countries claim the right to tax the same income. To avoid this multiple taxation, many countries have entered into double taxation treaties. These treaties regulate which country has the right to tax certain income and how the taxes are apportioned.

Double taxation treaties thus serve to avoid double taxation and to ensure that taxpayers are not unduly burdened. They can help minimize the tax burden and take advantage of tax benefits.

  • How double-taxation treaties work
  • Scope of application of double-taxation treaties for different types of income
  • Prerequisites for the application of double-taxation agreements
  • Practical implementation and advice on avoiding double taxation

Functioning of double taxation treaties:

Double taxation treaties are bilateral treaties between two countries that regulate which of the two countries has the right to tax certain income and how the taxes are apportioned. The treaties are designed to ensure that taxpayers are not unduly burdened and that double-taxation is avoided. An example of a double-taxation treaty is the treaty between Germany and the USA.

Scope of application of double taxation treaties for different types of income:

What about the application of double-taxation treaties to different types of income, such as earned income, capital assets, rental income, pensions, and corporate profits? It describes which specific rules are provided for in the treaties for these types of income and which particularities have to be taken into account when applying them. In the case of earned income, the treaties regulate which country has the right of taxation when a person works in one country but is a resident of another. An example of this is an employee who works in Switzerland but resides in Germany. In the case of capital assets, double-taxation agreements can regulate which country has the right of taxation and whether an exemption or imputation method is applied. An example of this is a German investor who receives dividends from a U.S. stock.

Requirements for the application of double taxation treaties:

In order for a double taxation treaty to apply, it must exist between the countries involved. In addition, certain requirements must be met, such as the submission of a certificate of residence proving tax liability in the country of residence.

If no double-taxation treaty exists between the states concerned, double taxation may occur. In this case, the taxpayer can try to obtain an exemption from double-taxation based on national regulations. In Germany, for example, the crediting of taxes paid abroad against the German tax liability can be applied for in order to avoid double taxation. A tax exemption or a reclaim of taxes paid abroad is also possible in certain cases. However, it is important to note that national rules for avoiding double taxation may differ from country to country and that it may therefore be difficult to find a uniform solution. In this case, consulting a specialized tax advisor can help to minimize tax risks and take advantage of tax benefits.

Practical implementation and advice on avoiding double taxation:

To avoid double taxation, companies and individuals can take various measures, such as choosing a specific location for a branch or using certain methods to offset losses. A specialized tax advisor can assist in this process and help minimize tax risks and take advantage of tax benefits. An example of this is a company that operates in several countries and is looking to optimize its tax structure. A specialized tax advisor can help to take into account the tax requirements in Germany and abroad and to find an individual solution. In principle, however, it is advisable to consult a specialized tax advisor. I will help you to point out concrete measures that companies and individuals can take. I will also show you which tax risks exist in connection with double-taxation agreements and how they can be minimized.

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