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Articles by Axel Schilder
German Tax Authorities Challenge Treaty Benefits for U.S. Owned Disregarded Entities | JD Supra
Without any formal change in statute or treaty language, German tax authorities have begun challenging the availability of withholding tax relief on cross-border payments from German subsidiaries to their U.S. parent companies where the German entity is treated as a "disregarded entity" for U.S. federal income tax purposes. This administrative pivot could have significant financial consequences for affected structures, both prospectively and for open tax years.
Germany’s Incoming Government and Its Impacts on Future Energy and Decarbonization Policies in Europe | JD Supra
Talks (Koalitionsverhandlungen) between the centre-right CDU/CSU and centre-left SPD to form a new German government concluded in a coalition agreement reached on April 9, 2025. In our previous coverage of the German federal elections (Part I can be found here and Part II can be found here), we discussed how energy and climate policy in general, and certain energy sources in particular, may be affected by a shift of power in Germany. Below are the coalition agreement’s outcomes in that regard.
News on Potential Relaxation of EU Green Hydrogen Rules | JD Supra
In June 2023 the European Union (“EU”) adopted its definition of green hydrogen and derivatives (known as “renewable fuels of non-biological origin”, or “RFNBO”).1 See our previous client alert summarising the key aspects of the RFNBO rules.
German Government Takes First Steps to Allow CCS | JD Supra
On May 30, 2024, the council of ministers of the German Federal Government adopted a draft bill (Bundesrats-Drucksache 266/24) allowing permanent storage of carbon dioxide (Gesetz zur Demonstration der dauerhaften Speicherung von Kohlendioxid – Kohlendioxid-Speicherungsgesetz – KSpG). The bill would amend a 2012 law that only provided means to test (“demonstrate”) various technologies of carbon capture and storage.
Key terms of the European Hydrogen Bank’s November 2023 Pilot Auction | JD Supra
The European Commission recently released the heavily anticipated terms and conditions for its initial European Hydrogen Bank (EHB) auction. The structure of this subsidy scheme is of great interest to green hydrogen producers worldwide, even those outside the EU, who are looking for clues as to how the so-called “international leg” of the EHB might be shaped. The first auction round will launch in November 2023. Below, we outline the key features of this initial “European leg” auction.
Germany Hot Topic: Increased Relevance of the “Co-Ownership Fund” | JD Supra
Key drivers for the increased relevance of the so-called “Co-Ownership Funds” are the current uncertainties of an upcoming reform of the German law on partnerships ("MoPeG") as of 2024 for German real estate transfer tax treatment. This structure can be an attractive alternative for structuring the contribution of real estate into a fund solution in Germany, for both economic and tax reasons. 1.
Europe's Definition of Green Hydrogen (RFNBO) Adopted into EU Law | JD Supra
June 22, 2023 Dan Feldman, Frederick Lazell, Dr. Axel Schilder, Dr. Salomé Cisnal de Ugarte King & Spalding + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: On June 20, 2023, the European Commission (the Commission) published the EU’s definition of green hydrogen in the Official Journal. This completes the legislative process for these two long-awaited and highly controversial Delegated Acts, which are now EU law.
Due Diligence-Prüfung von ESG-Kriterien und Reflektion im ESG-Reporting unter technischer und steuerlicher Betrachtungsweise | JD Supra
[co-author: Henry Fritzsche] EINLEITUNG Bereits im Römischen Reich galt als wichtiger kaufmännischer Grundsatz „caveat emptor“, also „Augen auf vor Kauf“ und damit ´Käufer sieh dich vor´. Dieser seit Jahrhunderten gültige Grundsatz hielt in den deutschen Sprachgebrauch Einzug und beschreibt noch heute die Grundregeln für gewerbliche Kaufgeschäfte und insbesondere Immobilientransaktionen.
COVID-19: Tax measures announced by Governments in France, Germany, United Kingdom and United States | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
EU “Black Lists” Bahrain and UAE as Non - Cooperative Jurisdiction for Tax Purposes
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Amazon and Apple Issued Rulings from the European Commission
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