Facilitation for shareholder loans to real estate companies
On August  2, 2021, article 1 of the Act to Strengthen Germany as a Fund Domicile became law. Among other things, this amended the regulations of the German Investment Code on the granting of loans by real estate funds to real estate companies. This amendment was overdue.
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Real Estate Transfer Tax Reform – or good things come to those who wait?
On April 21, 2021, not only was the much-discussed Fourth Law for the protection of the population in the event of an epidemic situation of national significance (keyword "Corona Emergency Brake") passed in the German Bundestag, but the Real Estate Transfer Tax Reform, which has received far less attention in the media, was also passed in the 2nd and 3rd readings. The amendment of the Real Estate Transfer Tax Act had been on the legislator's agenda for some time. As early as June 2018, the Conference of Finance Ministers of the federated states had prepared a report and submitted it to the Federal Ministry of Finance for the preparation of a draft bill. A key element of the proposed reform is the tightening of the regulations on the transfer of real estate in the case of share deals. However, the adoption of the draft bill prepared by the Federal Ministry of Finance was then postponed, as there was still a need for coordination in particular with regard to the supplementary provisions of Section 1 (2b) GrEStG-E for corporations. After almost 3 years, the German Bundesrat has now approved the law.
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Transition of ATAD 1 and ATAD 2 into German law: more than 15 months after the first draft, the Federal Government's bill follows

The (EU) 2016/1164 Directive dated July 12, 2016, and the (EU) 2017/952 Directive dated May 29, 2017 (EU Anti-Tax Avoidance Directives or ATAD 1 and ATAD 2), should already have been enacted into national law respectively by December 31, 2018, pursuant to Article 11 ATAD 1, and by December 31, 2019, pursuant to Article 2 ATAD 2. In Germany, however, the enactment of both directives is still pending more than 15 months after the first draft of an implementation law from December 10, 2019. At least, the implementation of the regulation on reverse hybrid companies could still be implemented in time by the end of this year.

Within the framework of the legislative procedure for implementation, which has been ongoing for more than 15 months, a comprehensive reform of the CFC rules under the Foreign Tax Act is to take place (implementation of a section of the ATAD 1 Directive) on the one hand. On the other hand, the bill is to eliminate tax incongruities arising from the use of hybrid financial instruments or from the participation in hybrid companies (implementation of the ATAD 2 Directive). This beinformed shows the development of the drafts up to the last bill of the Federal Ministry of Finance dated March 17, 2021, which passed the legislative process unchanged as government bill on March 24, 2021, and will now be submitted to the German Bundesrat for approval.

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