Andreas Scheidle, LL.M.
Attorney at law, tax advisor, Partner
Andreas Scheidle is qualified as both a lawyer and a tax advisor and advises on national and international private equity and M&A transactions, restructurings and judicial and extrajudicial disputes with tax authorities. In addition to the tax structuring of transactions and management participations, his main focus is on tax disputes and restructurings.
Together with colleagues from the litigation practice, Andreas Scheidle advises on claims against auditors and tax advisors for breaches of professional duties. His clients include domestic and foreign (financial) investors, management teams, medium-sized companies, family offices and high net worth individuals.
CV
Studied at the University of Augsburg and the University of Texas at Austin (LL.M.)
Legal clerkship in Augsburg and Frankfurt/Main
Admitted to the bar and as a tax advisor
Awards
Best Lawyers: Tax
Juve Handbook (Frequently recommended)
Juve Tax Market (Frequently recommended)
Selected References
Advising and representing a company in an out-of-court appeal procedure for electricity tax refunds
FSN Capital on the acquisition of the Lobster Group
FSN Capital on the acquisition of Bäcker Görtz
Afinum and Fishing King on the acquisition of the Stollenwerk Group
Afinum on the acquisition of the Christian Koenen Group
Advising various (financial) investors in fiscal court proceedings
Advising foreign companies in connection with withholding tax refunds and out-of-court appeal proceedings
EMH Partners on investment in Acrolinx
Håndverksgruppen on the acquisition of Hans Übelacker GmbH + Co KG
Shareholders of DBV in the sale of all shares in a portfolio company of Deutsche Private Equity
Founders of the Smile Eyes Group in connection with an investment by Trilantic Europe
PARAGON PARTNERS on the acquisition of the WEKA Group
Trill Impact in the acquisition of karriere tutor GmbH
Advising on auditor and tax advisor liability cases (including representing a medium-sized chemical company in enforcing claims against the tax advisor for incorrect tax advice in connection with the tax treatment of dividend distributions)
Shareholder in the sale of MorethanIP GmbH to Synopsys
Shareholder of Motel a Miio in the entry of Maxburg Capital Partners
Shareholder of Intermate Group upon entry of ECM Equity Capital Management
[KH1] Merten Group in the acquisition of Gämmerle GmbH
Medium-sized mechanical engineering company in ongoing tax audits and numerous appeal proceedings
CGS in the sale of the SF Tooling Group
FITrate shareholders in the sale to Urban Sports Club
Marley Spoon in its initial public offering
Founders of octimine technologies GmbH in exit to Dennemeyer Group
AUDI on its entry into Formula E
Delivery Hero on its IPO
Delivery Hero upon entry of Naspers as new investor
EMERAM Capital Partners advises on the acquisition of frostkrone, the leading manufacturer of frozen finger food
Delivery Hero in the acquisition of Talabat.com and increase of Rocket Internet's stake in Delivery Hero from 30% to 39%
Delivery Hero in the acquisition of Foodora
Delivery Hero on the acquisition of Turkish market leader Yemeksepeti for USD 589 million
Shareholders of MailStore Software GmbH on the sale to Carbonite Inc.
Delivery Hero on the acquisition of German market leader pizza.de
Shareholders of testhub GmbH on the sale of their shares to the American company Applause App Quality Inc.
Publications
Allocation of the income or advertising cost surplus of an asset-managing GbR (civil law partnership) in the articles of association in the event of a change of shareholders during the financial year (comment on BFH, judgment of September 25, 2018 – IX R 35/17), GWR 2019, 40
Trade tax liability for profits from the sale of shares in a partnership in the case of indirect participation by natural persons (comment on BFH, judgment of July 19, 2018 – IV R 39/10), GWR 2018, 423
Co-editor of the journal "Steuern im Notariat" (Taxes in Notarial Practice) (2014-2015)
Spin-off of pension obligations – acquisition cost principle takes precedence over tax liability prohibitions, GWR 2013, 193 (together with Dr. Thomas Fox)
Loss of entrepreneurial identity in the event of short-term withdrawal from a partnership, GWR 2013, 76 (together with Dr. Thomas Fox)
German Court Rulings on the Forfeiture of Tax Losses, Tax notes Int’l, 2012, 855 (together with Dr. Henrik Lay)
No third-country effect with a minimum participation quota of 10% – no violation of discrimination prohibitions and no "treaty override" due to box penalty, GWR 2012, 548 (together with Dr. Thomas Fox)
Credit method for income from an agricultural and forestry business located in Spain, SteuK 2012, 217
No retroactive elimination of the allowance under Section 13a ErbStG (old version) for the acquisition of shares in a partnership in the case of multiple conversion transactions, GWR 2011, 224 (together with Dr. Thomas Fox)
Ring-shaped share sales and acquisitions for loss utilization among shareholders are generally not an abuse of law, SteuK 2011, 147 (together with Stefan Süß)
Retroactive revocation of non-profit status in the case of (hidden) distributions of GmbH assets to taxable shareholders, GWR 2011, 49 (together with Felicitas Mayer-Theobald)
No reclassification of license payments as corporate profits under treaty law pursuant to § 50d X 1 EStG, GWR 2010, 615 (together with Felicitas Mayer-Theobald)
Managing partner of a KG may be dependent for VAT purposes, GWR 2010, 489
Treaty qualification of interest income from a foreign partnership that manages assets but is commercially oriented, GWR 2010, 335 (together with Dr. Thomas Fox)
Gift tax on disproportionate capital increases, GWR 2010, 205
Add-back taxation under the Foreign Tax Act violates Community law – final judgment in "Columbus Container" GWR 2010, 73 (together with Dr. Thomas Fox)
Abandonment of the so-called theory of final cessation of business, GWR 2010, 49 (together with Dr. Thomas Fox)
Transfer of beneficial ownership of a co-entrepreneur's share requires a legally protected, irrevocable acquisition entitlement, GWR 2009, 433 (together with Dr. Thomas Fox)
Tax aspects of restructuring measures in times of crisis, GWR 2009, 51 (together with Dr. Thomas Fox)
Commercial real estate trading: No attribution of properties between sister partnerships, GWR 2009, 23 (together with Dr. Thomas Fox)
Tax on Finance Transactions: Germany, PLC Cross-border Tax on Finance Transactions Handbook 2008/2009 (together with Dr. Thomas Fox)
Languages
German, English
Contact
P+49 89 89 05 89 288 F+49 89 89 05 89 299