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14:22 Mar 14, 2006 |
German to English translations [PRO] Bus/Financial - Law: Taxation & Customs / excise tobacco duty | |||||||
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| Selected response from: RobinB United States Local time: 16:29 | ||||||
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Summary of answers provided | ||||
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3 | see explanation below |
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3 | no direct equivalent |
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Discussion entries: 1 | |
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see explanation below Explanation: Dietl-Lorenz has two different terms: subsequent taxation >>> Nachbesteuerung (which is just a different term for Nachsteuerung) or supplementary tax >>> to impose a supplementary tax = eine Nachsteuer erheben |
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no direct equivalent Explanation: I really don't think there's a direct equivalent in Anglo-American tax systems. If you conduct transactions prior to an announced tax increase, you generally benefit from the lower tax rate, and it's rare for the government to be allowed by the courts to impose a higher tax rate retrospectively unless there was evidence of abuse, i.e. tax evasion (illegal), rather than tax avoidance (legal, applies to the situation you describe). But German courts are increasingly giving way to government demands for retrospective taxation, which breaches all civilised rules governing the relationship between government and taxpayer. There are tax concepts such as "clawback" and "recapture" that have a similar effect, but the circumstances are entirely different, e.g. ex post non-eligibility for tax credits, that sort of thing. If I was forced to come up with a workaround, I'd say something like "imposition of a retrospective tax increase" or "imposition of a tax increase prior to the effective date". Not really happy with either, though. |
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