Exemption from attribution taxation pursuant to Section 15 (6) AStG - BFH provides clarity and relief for foreign foundations and trusts

The attribution taxation of Section 15 AStG has so far mostly prevented the use of family foundations and trusts domiciled in third countries in international succession planning. However, in four recent rulings, the BFH has now decided that an exception to the attribution taxation under section 15 para. 6 AStG must also be possible in these cases. In addition, the BFH has for the first time commented on when the required withdrawal of the power of disposal over the assets in question is given - and expressly opposes the previous practice of the tax authorities. Maximilian Steger sheds light on the details of the decisions and their significance for practice in his article.