Overview

This book deals with the income and gift tax consequences of hidden profit distributions. The gift tax burden in particular is highly controversial and regularly leads to uncertainty in practice, especially in the case of hidden profit distributions to persons closely related to the shareholder. It should be noted that tax authorities, case law and literature continue to arrive at divergent conclusions. Contrary to the tax authorities, I have come to the conclusion that gift tax liability for distributions to shareholders can generally be ruled out. For hidden profit distributions to persons closely related to the shareholder, gift tax liability should be applied restrictively, but is nevertheless justifiable in some cases. This book should be helpful for anyone interested in the current state of the discussion or dealing with a relevant case.

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