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After Brexit, the tax situation for the LTD should remain the same - amendment proposals from the coalition factions.

Brexit Tax Accompanying Act

On February 19, 2019, long overdue regulations and clarifications regarding the Limited company in Germany were introduced in the form of amendments into the ongoing legislative process for the Brexit Tax Accompanying Act. The corresponding implementation appears very likely. The Brexit Tax Accompanying Act would (if the amendments are also implemented) ensure that harsh tax consequences due to Brexit are mitigated. For instance, it is proposed in the Corporation Tax Act to introduce a new § 12 paragraph 4. This provision would mandate the continuous attribution of business assets to the corporate tax entity Limited, thereby clarifying that Brexit alone does not trigger the disclosure and taxation of hidden reserves. Furthermore, a clarification is proposed in the Real Estate Transfer Tax Act. According to this, Brexit would also not trigger real estate transfer tax if the Ltd owns real estate properties.

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