The Federal Ministry of Economics has pointed out that payments under Bridging Aid III are not eligible for funding within a group of companies and that tax-related business split-ups apply as affiliated companies.
The reason is that holding companies and operating companies are treated as affiliated companies in the case of business splitting up under tax law. According to this, rents or leases within a group of companies do not represent an outflow of liquidity for the group of companies.
Equal treatment in the case of bridging aid III
For reasons of equal treatment, no distinction is made between whether the holding company is a natural person, a legal person or a partnership / partnership.
Rent payments are only eligible if there is no business split
The statement contained in the FAQ on the BMWi website that payments by companies to individual shareholders (natural persons) are recognized as fixed costs and are therefore eligible for funding is only to be understood as a supplement and not as an exception. As a result, for example, rent payments from a company to individual shareholders are only eligible if in the specific case there is no business split and therefore no affiliated company.
Interest paid on business loans and depreciation
Since there would always be affiliated companies in the event of a business split under tax law, the applicant would be free, according to the BMWi, to take into account the eligible costs of the entire group. Instead of the intra-group rent or lease payments, in such constellations, for example, the interest expenses for business loans and commercial law depreciation for fixed assets can be set as fixed costs.
(WPK from June 17th, 2021 / Viola C. Didier, RES JURA editorial office)
Our recommendation for more in-depth research on the subject of business administration:
Owlit module “Corporate Finance (Otto Schmidt)”
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