The Tax Treatment of Income derived by a Partner resident in Germany from foreign Partnerships: Translation and commentation of the Bundesfinanzhof decision of 20 August 2008 I R 34/08

Scientific Essay from the year 2008 in the subject Law - Tax / Fiscal Law, grade: keine, language: English, abstract: Translation and commentation of the German Federal Tax Court (Bundesfinanzhof) Decision of 20 August 2008 regarding the classification of an US-LLC (US Limited Liability Company) and introduction into the so called ‘analogy comparison’ (Typenvergleich) for the classification of foreign companies for German tax purposes(German/English version). The intention of this short compendium is to provide the international tax expert community respectively (tax) managers dealing with international (partnership) cases with a first familiarization with the concept of foreign company classification for German tax purposes based on a so called ‘analogy comparison’ (Typenvergleich). For this purpose the Bundesfinanzhof decision of 20 August 2008 - regarding the classification of an US-LLC - shall serve as an example and is thus translated and commented in this sense.