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EU Commission gives green light to tax exemption for restructuring profits in insolvency plan proceedings

The EU Commission has informed the German Government that the new German law on tax exemptions for restructuring profits (§ 3a EStG, § 7b GewStG) does not infringe European state aid law. The new provisions replace the so called „Sanierungserlass“ (restructuring decree) of the Federal Ministry of Finance (BMF), which was overruled by the Federal Fiscal Court (BFH) on November 28th, 2016. Since the EU Commission has not passed a formal resolution on compatibility with EU law, the coming into effect of the new law is still subject to an action by the German legislator.


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