search query: @indexterm COMPANY TAXATION / total: 367
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| Author: | Sureth, C. |
| Title: | Die Besteuerung von Beteiligungsveräusserungen und Rechtsformneutralität |
| Journal: | Zeitschrift für Betriebswirtschaft
2003 : AUG, VOL. 73:8, p. 793-824 |
| Index terms: | Taxation Capital taxation Company taxation |
| Language: | ger |
| Abstract: | This paper discusses whether the taxation of capital gains from a sale of participation meets neutral taxation of the legal status of a firm. While comparisons of tariffs fail, intertemporal approaches considering aspects of the tax base allow comprehensive conclusions. It turns out that the effects of capital gains tax cannot be separated from those of current taxation. Nevertheless, in an intertemporal context capital gains often are taxed almost neutral referring to the legal status of the firm. The differences in tax load between corporate shares and investment in partnerships are moderate as long as complete consolidation of all tax-relevant positions on the individual and the company's level is possible or retained earnings are low. Otherwise, partnerships usually enjoy tax privileges. The findings offer additional insights about the economic effects of the various underlying tax rules. Herewith, it can be shown that recently discussed further restriction of the existing loss-offsetting-facilities is extremely questionable from a tax systematic perspective. It may induce misinvestments and thus undesirable fiscal effects (original in German). |
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