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German Annual Tax Act 2019 – Back again: Fund structuring costs for closed-end funds have to be capitalised during the investment period

On November 29, 2019, the so-called Annual Tax Act 2019 passed the German Bundesrat (upper house) and is expected to be enacted before the end of this year. The Act introduces, inter alia, the requirement to capitalise fund structuring costs, which are incurred during the investment period of closed-funds set up as partnerships. The costs are not tax-deductible, but must be capitalised instead. This new rule will apply retroactively and is the reaction of the German legislator to a decision by the German Federal Tax Court dated April 26, 2018, according to which fund structuring costs, which are incurred in the investment period of closed-end funds, do not need to be capitalised but instead are tax-deductible. We are pleased to assist your Tax Function to comply with the new rules.

Note: This newsletter is only available in German language.