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schädlich

English translation: harmful/tainted

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16:51 Oct 20, 2006
German to English translations [PRO]
Law/Patents - Finance (general)
German term or phrase: schädlich
if an action is said to be 'schädlich' in the context of a particular law, does this mean that it is 'schädlich' for the person doing it ie has harmful consequences for him/her, or does it mean that it is 'schädlich' to the law ie in violation of it/in conflict with it.

in either case, what do we say for this in English?

example re KStG debating whether certain methods of transferring shares invalidate various tax benefits otherwise available:

'Auch eine Übertragung von mehr als 50% in mehreren Schritten kann schädlich sein, sofern ein Gesamtkontext unterstellt werden kann.'

Thanks in advance for your wisdom
Kieran McCann
United Kingdom
Local time: 04:41
English translation:harmful/tainted
Explanation:
Especially in tax contexts, the term of art is "harmful", or that a particular course of action is "tainted" (resulting in "tainting"). And yes, this means that it has adverse tax consequences for the fiscal entity (Steuersubjekt) in question.

I imagine the KSt context you're referring to here has to do with the tax treatment of intercompany loans with associated share transfers, upstream/downstream mergers, or plain-vanilla thin capitalisation, under what are known as the "anti-debt pushdown rules", or the "back-to-back financing rules".

See e.g.
http://newsweaver.co.uk/bnainternational/e_article000488978....

Unfortunately most of my references are offline.
Selected response from:

RobinB
Germany
Local time: 05:41
Grading comment
Thanks Robin. I had noted that both Deloitte's and KPMG use 'harmful' but wasn't sure whether this was Denglisch. Context was transferability of loss carryforwards in mergers, btw.
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +3detrimental
Wulf-Dieter Krüger
4harmful/taintedRobinB


  

Answers


9 mins   confidence: Answerer confidence 5/5 peer agreement (net): +3
detrimental


Explanation:
according to Oxford

schädliche / negative Folgen

detrimental consequences

Wulf-Dieter Krüger
Local time: 10:41
Works in field
Native speaker of: German
Notes to answerer
Asker: Thanks for your help. I agree that 'detrimental' is right in many general legal contexts, but probably not for tax. I should perhaps have made it clearer that this is tax-related.


Peer comments on this answer (and responses from the answerer)
agree  Anita Cassidy
3 mins

agree  Teresa Reinhardt: refers to the effect of the action in light of the law
2 hrs

agree  Camilla Seifert
12 hrs
Login to enter a peer comment (or grade)

16 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
harmful/tainted


Explanation:
Especially in tax contexts, the term of art is "harmful", or that a particular course of action is "tainted" (resulting in "tainting"). And yes, this means that it has adverse tax consequences for the fiscal entity (Steuersubjekt) in question.

I imagine the KSt context you're referring to here has to do with the tax treatment of intercompany loans with associated share transfers, upstream/downstream mergers, or plain-vanilla thin capitalisation, under what are known as the "anti-debt pushdown rules", or the "back-to-back financing rules".

See e.g.
http://newsweaver.co.uk/bnainternational/e_article000488978....

Unfortunately most of my references are offline.

RobinB
Germany
Local time: 05:41
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 380
Grading comment
Thanks Robin. I had noted that both Deloitte's and KPMG use 'harmful' but wasn't sure whether this was Denglisch. Context was transferability of loss carryforwards in mergers, btw.
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