Germany vs “Turbine Owner Gmbh”, September 2016, Supreme Tax Court IV R 1 14Tax depreciation for wind turbines presupposes economic ownership of the asset. A change in economic ownership requires that any risks are transferred to the purchaser/customer. The German Supreme Tax Court held that economic ownership of an asset is not transferred at the time it generates income but rather when the risk...
Switzerland vs Swisscargo AG, Oct 2014, Federal Supreme Court, Case No 4A_138/2014Zero balancing/physical cash pooling involves a physical transfer of money from the accounts of individual group companies to the accounts of the group’s cash pooling company and risks can be considerable. Group companies participating ind the cash pool may loose there funds. Loans in the form of cash pool arrangements...