Limitowanie odliczania odsetek jako kosztów w podatku dochodowym w Republice Federalnej Niemiec – istota i skutki
Limitation of interest deductibility in the corporate income tax in Germany – the idea and its consequences

Summary/Abstract: In 2008 an interest barrier (Zinsschranke), which is a type of thin capitalization rules, was introduced to the personal and corporate income tax acts in Germany. The aim of the paper is to discuss the shape and consequences of these regulations. These issues have not been subject to analysis in Polish literature so far despite the fact that the German interest barier is interesting from the Polish perspective for several reasons. Firstly, it is a reference point for BEPS action of the OECD as well as for the European Commission in the proposal of a new directive agains harmful tax evasion. Secondly, numerous modifications within thin capitalization rules have been recently observed across countries. The number of countries which introduced regulations similar to those implemented in Germany has increased and, what is particularly worth noticing, Poland has moved also to this group.

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