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Explanation: the term is used to distinguish transactions of a capital nature, usually between a company and its shareholders, from those of a revenue nature. A particular case is where shareholders sell assets to a company and the question arises whether this is being done on market terms ie as a normal trading transaction that the company might have carried out with a third party, or on such terms that it effectively amounts to a capital contribution in kind.
'Ob ein gewöhnliches Umsatzgeschäft vorliegt, beurteilt das Oberlandesgericht Hamm danach, inwieweit im Rahmen des vereinbarten Rechtsgeschäfts vergleichbare Konditionen vorliegen, wie sie auch mit einem außenstehenden Dritten vereinbart worden wären' http://www.finanzenchannel.de/urteile-6,9788.html
'In asking whether the acquisition of the asset has a trading purpose, it should be said that TCGA 1992 s 173 does not require the absence of fiscal considerations so much as the presence of a trading purpose. A trading transaction may be dictated entirely by fiscal considerations without losing its character as a trading transaction.' http://www.taxationweb.co.uk/businesstax/article.php?id=179
The more I read the text, the obvious it was for me that there must be a better way to translate this term. I changed it to trading transaction later. (Thank you Kieran!!)
I hadn't entered any glossary terms for obvious reasons, does it happen automatically? If so, I'd appreciate your help in correcting it.
About the points: Well, it was a short text, thought the problem was over. I owe everyone four!
Gamze, please see KudoZ rule 3.2 - It is recommended that askers allow 24 hours to pass before grading. This gives professionals in various time zones an opportunity to prepare well-researched answers. This question can't be answered without context.
Automatic update in 00:
15 mins confidence: peer agreement (net): -2
Explanation: Dietl/Lorenz Dictictionary.
Given the limited context, cannot guarantee anything!
Tim Jenkins United Kingdom Local time: 15:48 Works in field Native speaker of: English PRO pts in category: 12
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