Who gets the 23.5 million?
A hidden tax haven in the middle of Ebersberg Forest? What sounds like a thriller is reality - and is causing a protracted legal dispute between the district of Ebersberg and the city of Munich. At the heart of the conflict: 23.5 million euros in trade tax that the district is claiming for itself, while Munich does not want to give it up.
Despite legal victories for Ebersberg, the money is still in Munich's account. But the people of Munich are not backing down and are already preparing the next legal attack. So the battle for the millions is entering the next round.
Courts decide - but the money stays in Munich
The district of Ebersberg has won several court cases to date. The Federal Fiscal Court has confirmed this: The tax allocation by the Ebersberg tax office was lawful. Even an appeal on points of law was rejected. However, despite these rulings, the money will remain in Munich for the time being.
Why? Because Ebersberg once transferred the money there itself - including a loan to cover the payment. Now Munich has to pay it back, but with interest. While interest rates have now been reduced from six to 1.8 percent, this remains a kind of involuntary investment for Ebersberg.
But Munich is not giving up. The city is planning to go to the administrative court to contest whether Ebersberg had the right to levy business taxes on the affected area at all. So the legal tug-of-war continues.
Criminal proceedings: Who is behind the "spruce panama"?
Criminal proceedings are running parallel to the financial dispute. The 10th Criminal Chamber of the Munich II Regional Court is currently examining the case. Six people have been charged, as well as a limited company that was allegedly involved in the questionable tax scheme. The suspicion: tax evasion through dummy companies.
The companies involved are said to have relocated their headquarters to Ebersberger Forst in order to avoid the higher trade tax in Munich. A clever but apparently illegal move. However, it is still unclear whether there will actually be main proceedings - the investigation is ongoing.
No end in sight
The "Fichtenpanama" case shows that tax disputes can drag on for years. While courts have already ruled in favor of the district of Ebersberg several times, Munich continues to fight for the money. And in the background, criminal proceedings are underway against the alleged masterminds.
What will happen next? That remains to be seen. One thing is certain: the next round in the million-dollar poker game is far from the last.
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