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Image header Agence Europe
Europe Daily Bulletin No. 11179
ECONOMY - FINANCE / (ae) taxation

Germany must amend tax rules on legacies to foreign charities

Brussels, 17/10/2014 (Agence Europe) - On Thursday 16 October, the European Commission sent Germany a reasoned opinion requesting that it amend its discriminatory inheritance tax legislation, with regard to legacies to charities in other member states or European Economic Area countries. German legislation treats legacies to charities established in other EU/EEA States less favourably than legacies to certain charities established in Germany. Domestic charities are granted an exemption from inheritance tax. However, similar charities established in other EU/EEA States may only enjoy this tax exemption if their State of residence grants an equivalent or reciprocal exemption to comparable German charities. As a result, legacies to foreign charities are frequently more heavily taxed than legacies to German charities. The Commission considers that this is discriminatory and constitutes an unjustified restriction on the free movement of capital. If Germany does not comply within two months, the Commission may decide to refer it to the Court of Justice of the European Union. (EL)

Contents

ECONOMY - FINANCE
SECTORAL POLICIES
EXTERNAL ACTION
COURT OF JUSTICE OF THE EU
COUNCIL OF EUROPE
EVENTS OF CALENDAR
SUPPLEMENT