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übertragende Körperschaft

English translation: transferring entity

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:übertragende Körperschaft
English translation:transferring entity
Entered by: katieker
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11:09 Dec 5, 2003
German to English translations [PRO]
Bus/Financial
German term or phrase: übertragende Körperschaft
Bei der übertragenden Körperschaft im Fall der Abspaltung wegfallender Gewerbeverlust

(from tax declaration form)
katieker
United Kingdom
Local time: 10:00
transferring corporation [entity]
Explanation:
Extract from source #1:
"Under the Directive, a corporation effecting the merger by inter-corporate transfer of assets is not granted the right to give the shares received in return for the assets and liabilities transferred a value for tax purposes equal to their fair market value (but may be required under domestic law to give them a value equal to the book value of the assets and liabilities transferred), thereby creating an opportunity for the government to tax the ***transferring corporation*** effectively for a gain that is already going to be taxed to the acquiring company upon its future disposition of the assets and liabilities."

Extract from source #2:
"In addition, if the stock were issued with a forfeiture provision, upon forfeiture the stock would revert to the ***transferring corporation***. The ***transferring corporation*** would have to recognize a gain or loss as if it had sold the stock for value. If the stock reverted to the issuing corporation, however, the transferor would receive nonrecognition treatment."

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Note added at 16 mins (2003-12-05 11:25:58 GMT)
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See also usage of \"transferring entity\" at: http://www.firstam.com/faf/html/cust/jm-entitychange.html

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Note added at 19 mins (2003-12-05 11:29:30 GMT)
--------------------------------------------------

BTW, \"Gewerbeverlust\" should be \"trade loss\" or \"trading loss\".
Selected response from:

Steffen Walter
Germany
Local time: 11:00
Grading comment
Thanks for your help!
4 KudoZ points were awarded for this answer

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Summary of answers provided
5transferring entity
EMatt
3 +1transferring corporation [entity]
Steffen Walter


  

Answers


12 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
transferring corporation [entity]


Explanation:
Extract from source #1:
"Under the Directive, a corporation effecting the merger by inter-corporate transfer of assets is not granted the right to give the shares received in return for the assets and liabilities transferred a value for tax purposes equal to their fair market value (but may be required under domestic law to give them a value equal to the book value of the assets and liabilities transferred), thereby creating an opportunity for the government to tax the ***transferring corporation*** effectively for a gain that is already going to be taxed to the acquiring company upon its future disposition of the assets and liabilities."

Extract from source #2:
"In addition, if the stock were issued with a forfeiture provision, upon forfeiture the stock would revert to the ***transferring corporation***. The ***transferring corporation*** would have to recognize a gain or loss as if it had sold the stock for value. If the stock reverted to the issuing corporation, however, the transferor would receive nonrecognition treatment."

--------------------------------------------------
Note added at 16 mins (2003-12-05 11:25:58 GMT)
--------------------------------------------------

See also usage of \"transferring entity\" at: http://www.firstam.com/faf/html/cust/jm-entitychange.html

--------------------------------------------------
Note added at 19 mins (2003-12-05 11:29:30 GMT)
--------------------------------------------------

BTW, \"Gewerbeverlust\" should be \"trade loss\" or \"trading loss\".


    Reference: http://www.itpa.org/open/summaries/monte96s.html
    Reference: http://www.findarticles.com/cf_dls/m6280/4_187/54360134/p1/a...
Steffen Walter
Germany
Local time: 11:00
Native speaker of: Native in GermanGerman
PRO pts in pair: 11886
Grading comment
Thanks for your help!

Peer comments on this answer (and responses from the answerer)
agree  Ted Wozniak
28 mins
Login to enter a peer comment (or grade)

2 hrs   confidence: Answerer confidence 5/5
transferring entity


Explanation:
Koerperschaft does not indicate the type fo entity involved, i.e. corporation, limited partnerschaft, etc. Therefore, the only correct answer is transferring entity.

EMatt
Local time: 05:00
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in pair: 222
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