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- Title
Konzernfinanzierung: Neuerung durch § 1 Abs. 3d und 3e AStG ab dem 1.1.2024 einschließlich eines Abgleichs mit der angedachten Zinshöhenschranke im § 4l EStG-E.
- Authors
Heidecke, Björn; Liebe, Tobias
- Abstract
From January 1, 2024, new rules for intra-group financing apply according to § 1 para. 3d and 3e AStG. Interest is only deductible if the use of funds is proven and the debt sustainability is documented. A deduction of interest is only permissible up to the amount of the group rating. Financing functions may only be remunerated as routine. The article deals with various aspects related to debt sustainability, proof of use of funds, and the group rating of companies. It is argued that the fiction of the arm's length principle is problematic and the blanket classification of financing services is criticized. The application of the new regulations to existing financing relationships is considered inconsistent. The approach of an interest rate cap is also compared and it is found that both approaches could lead to similar results. Various practical consequences for German inbound companies receiving loans from abroad are discussed. The new requirements lead to increased compliance and documentation costs.
- Subjects
INTEREST rates; LOANS; DEBT; SUSTAINABILITY; BLANKETS
- Publication
Die Unternehmensbesteuerung (Ubg), 2024, Vol 17, Issue 6, p333
- ISSN
1865-7222
- Publication type
Article
- DOI
10.9785/ubg-2024-170605