International tax and private law

Companies and their shareholders are working (and living) more and more internationally. A move away (resulting in tax relief) or an influx can be permanent or temporary (e.g. a shareholder takes up studies in the USA). The international family is a reality today.

Companies and their shareholders must therefore be sensitised to the fact that crossing a border in connection with the transfer of the centre of vital interests - from any direction - can trigger a variety of legal consequences in different jurisdictions. As a rule, a border crossing can already lead to a so-called "taxable event", e.g. in the form of a fictitious sale of the shareholding that is still held or even privately held investment fundslead to a withdrawal. A departure can also render an existing partnership agreement incomplete (e.g. right of withdrawal for foreign taxes). The same applies to private contracts such as wills (e.g. change of applicable inheritance law) or marriage contracts.

In the international family, the complexity of business and/or life relationships ultimately increases if the legal provisions of several jurisdictions have to be observed in future. Inheritance and family law as well as company and tax law are largely not harmonised internationally - not even within the EU. Under foreign law, a divorce can unexpectedly lead to a foreign spouse taking possession of the business, even though this was supposedly avoided under German regulations. Unwanted claims to a compulsory portion under foreign applicable law or taxes incurred in the event of an inheritance abroad can harbour nasty surprises. The complexity of these issues requires foresighted planning for each individual case. In the case of outbound activities, tax co-operation and declaration obligations must also be observed, e.g. the Regulations on add-back taxation.

Having a reputable advisor at your side who takes a holistic view of the situation and provides support avoids headaches and stomach aches and, in any case, an unwanted outflow of liquidity. We are committed to finding the right solution for every situation. We offer our services integratively in small and specialised teams in order to solve all legal, tax and social security issues, if necessary together with our foreign partners.