Tax Treaty and AMT
am 16.04.2006 von http://www.recht.us/amlaw
SSL - Washington. The U.S. Court of Appeals for the District of Columbia affirmed the Tax Courts decision in the matter of Peter M. Haver v. Commissioner of Internal Revenue Service, No. 05-1269, on the relationship of the AMT and double tax avoidance treaties. Haver contended that as his German tax liability exceeded his U.S. tax liability he was under no obligation to pay federal income tax.
Instead, Haver relied on Article 23(1) of the Convention Between the United States of America and the Federal Republic of Germany for the Avoidance of Double Taxation of August 29, 1989. Art. 23(1) states that subject to the limitations of U.S. law, U.S. citizens paying taxes in Germany shall be allowed to take a credit for their foreign tax burden against their U.S. income tax obligation. Haver claimed that the Treaty superseded the minimum rules of 26 U.S.C. §59(a)(2)(2000) which stated until the end of 2005 that U.S. citizens could only off set up to 90% of the Alternative Minimum Tax using their foreign tax credit.
The appellate court concluded on April 11, 2006 that the last-in-time doctrine does not apply in this case. Rather, both the Treaty and the prevailing U.S. law are …
Tax Treaty Protocol
German American Law Journal :: American Edition / CK - Washington. On June 1, 2006, Berlin witnessed the signing of a protocol to the income tax treaty between the United States and Germany. The treaty dates back to 1989. The amendments reflect tax policy adjusting to globalization, such as t…
Urteile für den Bund
German American Law Journal :: US-Recht auf Deutsch / Das Bundesberufungsgericht des Bundesbezirks entschied heute diese Fälle: Lacks Industries, Inc v. McKechnie Vehicle Components USA, Inc.Malone v. Peake Der mit sachlichen Sonderzuständigkeiten ausgestattete United States Court of Appeals…
EU Company for US Business
German American Law Journal :: American Edition / CK - Washington. Haver & Mailänder attorneys Dr. Ulrich Schnelle and Kai Graf von der Recke introduced recent trends in E.U. company law and their effects both on German law and corporate forms suitable for U.S. business investment…
Cooperation USA - Germany
German American Law Journal :: American Edition / HG - Washington. United States Attorney General Alberto R. Gonzales and German Minister of Justice Brigitte Zypries signed on April 18, 2006 two supplementary agreements to the Germany-United States extradition treaty of 1978 and the M…
German Sovereignty Lost in 1945?
German American Law Journal :: American Edition / CK - Washington. Did Germanys surrender in 1945 trigger its loss of sovereign immunity so that Germany may be sued in American courts under the Foreign Sovereign Immunities Act? A German American heir to German tax debts failed to convince the…
Transatlantic Testament
German American Law Journal :: American Edition / CK - Washington. Recht-in.de published a recent decision, IV ZR 135/03, dated July 7, 2004, by the German Supreme Court on the validity of a holographic will made by a German testator with respect to real estate in Florida. The last will does…
» German American Law Journal :: US-Recht auf Deutsch
» Embassy of France in the US - Taxation Office
Embassy of France in the US - Taxation Office"> <meta NAME="keywords" CONTENT="impots,impot,fiscalite, taxes, marechal, hoffman joelle, nuttin, french and taxes, revenus, convention fiscale, tax treaty"> <title…
» Alternative Minimum Tax 101
» Germany Info: Business & Technology: Tax Information
© 2004-2008 JuraBlogs | Impressum
