Michaela Engel

The tax treatment of asset-managing partnerships and their partners regularly raises complex questions, as the legal provisions are incomplete and the case law is highly specific. There are no clear criteria for distinguishing when the consideration of fractional interests should apply and when the joint ownership of assets is also accepted for tax purposes. This handbook systematically summarizes the fundamental structures of taxation for asset-managing partnerships. It particularly addresses the areas where deviations occur compared to an autonomously operating individual within the framework of income from surplus. A separate chapter is dedicated to internationally active partnerships. Possible impacts of the MoPeG on asset-managing partnerships are outlined, as well as the option for corporate taxation. The author illustrates difficult issues with clear examples. Practical tips provide concrete advice for daily work. Table of contents: A. Introduction. B. Tax treatment of asset-managing partnerships. C. Income from capital assets according to § 20 EStG. D. Income from leasing and renting according to § 21 EStG. E. Sale transactions and asset-managing partnerships. F. Formation and admission, dissolution and exit in asset-managing partnerships. G. Zebra partnerships. H. Loss compensation restriction of § 15a EStG. I. Asset-managing partnerships in international tax law.