On September 10, 2025, the Federal Cabinet approved the government draft for a Location Pro- motion Act. This takes up the central concern of the Second Future Financing Act, which was no longer passed in the previous legislative period, to make capital funds available for investments in renewable energies and infrastructure to a greater extent. However, the draft of the Location Promotion Act now contains a change to other domestic income that was not yet included in the draft of the Second Future Financing Act. In the case of multi-level partnership structures, this change could possibly lead to a loss of tax exemption for tax-privileged investors, which we believe is unjustified. The other planned amendments to the Investment Tax Act largely correspond to the draft for the Second Future Financing Act, but we would be pleased to discuss them again for you in context.

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On September 10, 2025, the Federal Cabinet approved the government draft for a Location Pro- motion Act. This takes up the central concern of the Second Future Financing Act, which was no longer passed in the previous legislative period, to make capital funds available for investments in renewable energies and infrastructure to a greater extent. However, the draft of the Location Promotion Act now contains a change to other domestic income that was not yet included in the draft of the Second Future Financing Act. In the case of multi-level partnership structures, this change could possibly lead to a loss of tax exemption for tax-privileged investors, which we believe is unjustified. The other planned amendments to the Investment Tax Act largely correspond to the draft for the Second Future Financing Act, but we would be pleased to discuss them again for you in context.

Our beinformed published on , is ready for download via our beinformed-App. Would you like to receive alerts announcing our latest beinformed by e-mail? If so, please send a registration e-mail to office@bepartners.pro!

The bill H.R. 591 proposes the introduction of Sec. 899 of the U.S. Internal Revenue Code, which would impose additional withholding taxes on U.S. income of foreign investors from countries which, from the U.S. perspective, apply extraterritorial or discriminatory taxes. These tax surcharges of up to 20 percentage points would also override double taxation treaties and could, for example, affect German investors in U.S. fund structures. Although certain existing exemptions—such as those for Qualified Foreign Pension Plans—could theoretically continue, their protection under Sec. 899 has not yet been conclusively clarified.