Trust in tax law

The term trust is used in different contexts:

(1) Trust is a term for business combinations (monopoly-like character) in which one company takes over the management of other companies. Such mergers are also known as “mergers”. The term “group” is used for the merged companies. Business combinations are voluntary associations of legally independent companies that are grouped together by contracts. For groups, the group taxation is then decisive.
(2) Analogous to the German foundation. The trust is treated as an estate under foreign law as an acquisition due to death (§ 3 II No. 1 ErbStG) or as a gift between the living (§ 7 I No. 8 ErbStG) in accordance with the Tax Relief Act 1999/2000/2002. A trust set up abroad with no legal capacity can have assets or special-purpose assets i. S. d. § 15 IV AStG.

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