Cross-border tax arrangements for PE and VC funds

With regard to the hot topics that have been discus­sed for years, i.e. the return of capi­tal contri­bu­ti­ons in the case of third-coun­­try corpo­ra­ti­ons, the corre­spon­ding eligi­bi­lity of foreign EU legal forms, and the appli­ca­bi­lity of the new Invest­ment Tax Act as of 2018, the tax autho­ri­ties have not yet provi­ded any clarity. In addi­tion, the legis­la­tor has intro­du­ced a further requi­re­ment in 2020 in imple­men­ta­tion of an EU direc­tive on “noti­fi­ca­tion requi­re­ments for cross-border tax arran­ge­ments”, the frame­work and limits of which have been deli­bera­tely kept open and unclear.