Recent development on taxation of securities lending transactions - Lexology
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According to the general rule of section 39 para. The criteria of the analysis are, in particular, the following: In line with its decision dated 1 Aprilby using the above-mentioned preconditions the BFH deviates from the principles set out in its leading case dated 15 December Discussion of Ruling In our view, the Ruling does not provide for a fundamental change of the taxation of securities lending transactions.
In fact, the court confirmed its standing case law in this respect. Pursuant to the basic rule of section 39 para. The BFH referred to certain criteria, has however not indicated which of them is significant or decisive. In our view, the criteria that indicate such exceptional cases in the context of securities lending transactions can be derived from the general principles applied by the BFH. Moreover the Ruling does not consider the criterion that the legal owner is exposed to the risk that his creditors can seize or foreclose upon the assetcf.
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Economic participation in income: Instead, such an economic participation can be given by the legal owner benefitting from the income on the securities in any other way. Also, the BFH mentioned the voting rights in the Ruling only once. Risk and rewards from securities: See also Desens, DStRp. Is she from Jogn. There was a curious glass of brown ale.
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