Representation in Contentious Trust matters
Although no trusts exist under German law in the strictest sense, there are some German legal instruments that are similar to Trusts (e.g. Dauertestamentsvollstreckung, Vor- und Nacherbschaft, Stiftung, Treuhand) and German courts may interpret foreign trusts the equivalent of German legal instruments. We represent U.S. beneficiaries as well as Trustees in German courts, e.g
- Breach of Fiduciary Duty,
- Accounting,
- Removal of Trustee (z.B. “Dauertestamentsvollstrecker”),
- Trust Modification or
- Trust Termination.
Upon request, we offer consultation via Zoom. For general information on how to join an instant meeting through an email invite, please visit the Zoom website.
News
- Germany: Amendment to the Rules on the Taxation of Lifetime Benefits from Foreign tax-priviledged Retirement Assets
- Tax Court of Münster: Distributions upon the Termination of a Trust may be Subject to German Income Tax
- BFH: The Treaty does not prevent Germany from imposing Inheritance Tax on the Acquisition of a U.S. citizen beneficiary resident of Germany even if he has stayed no longer than 10 years in Germany
- German Federal Fiscal Court Ruling on Gift Tax triggered by Distributions from a Foreign Trust
- German Federal Fiscal Court: Assets titled in Trust to which the Grantor has reserved comprehensive Powers are to be considered owned by him for German Inheritance and Gift Tax Purposes
- Decicison of the German Federal Fiscal Court on the Taxation of Distributions from a 401(k) to Beneficiary in Germany