Status: 09.11.2023, 18:52 PM
By: Josef Ametsbichler
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Construction site: Workers are currently working from scaffolding on the roof of the Seegrasstadl. However, it is also a construction site in a legal sense, because of its past as a tax haven for HVB's leasing funds. © Artist: S.ROSSMANN
In the legal tug-of-war over the tax haven "Seegrasstadl" in the Ebersberg Forest, the district has won a stage victory before the fiscal court.
Augsburg/District – Courtroom 1 of the Munich Fiscal Court, Augsburg branch was packed with lawyers, government directors and tax experts. There, on Thursday, the tug-of-war over 23.5 million euros went to the legal level. The district of Ebersberg had to transfer the money to the city of Munich because of its possibly illegal tax haven in the Ebersberg Forest. In court, the district of Ebersberg achieved a victory yesterday, which gives its legal representatives hope for repayment of the painfully high sum.
Tax haven in the Ebersberg Forest: Tug-of-war over trade tax millions
The city of Munich was awarded the money at the end of 2020 by the tax office, which argued as follows: In the state capital, the letterbox leasing funds reported at the "Seegrasstadl" deep in the forest had actually operated, according to the accusation. The dilapidated wooden barn was a bogus permanent establishment, argues the tax investigators. For the years 2007 to 2010, the trade tax was therefore paid into the wrong account.
The public was excluded from the meeting in Augsburg, as evidenced by the notice © posted by Josef Ametsbichler
The district is challenging the corresponding decision of the tax authorities in court. Michael Ottl, head of the district administrator's office, had travelled to Augsburg with an entire team of lawyers. The hearing took place in the branch office due to construction work on the Munich courthouse. Also present: representatives of the leasing funds, the City of Munich, the tax investigation department and the tax offices of Ebersberg and Munich.
"If we didn't think we had any chances, we wouldn't have gone down this path."
Michael Ottl, Office Manager of the Ebersberg District Administrator
The test case concerned the year 2007, but the decision is likely to be decisive for the overall construct. "If we didn't think we had any chances, we wouldn't have gone down this path," Ottl said of the process.
(By the way: Everything from the region is now available in our regular Ebersberg newsletter.)
Secret matter Seegrasstadl: Bank has press thrown out of the courtroom
The Ebersberger Zeitung was not allowed to follow the court hearing, although it was scheduled to be public: At the request of the lawyers of the controversial, now dissolved leasing funds, which belong to Hypovereinsbank (HVB) – a subsidiary of Unicredit – the public was expelled from the courtroom. This is legally possible at the fiscal court. The representatives of the district office regretted this to the editors.
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Previously with a mailbox: The Seegrasstadl served as the address of several leasing funds. © Stefan Roßmann
When asked, Unicredit did not want to comment on why the bankers, who are also suing in the matter, do not want the public to follow how Ebersberg's tax millions are being wrestled with. Criminal investigations are underway against their managers, which could possibly be indirectly affected by the decision of the fiscal court, because the legality of the construct is also at stake.
Afterwards without a mailbox: Today the barn is just a barn. And a case for the tax investigators. © Stefan Roßmann
"Everything on reset": Why no money is flowing yet
The verdict was finally announced in public. "The notice of service of the trade tax assessment amount (...) will be repealed," announced Presiding Judge Zanzinger of the 11th Senate. "Everything is on reset," explains the district office legal expert Ottl. In the first instance, the district of Ebersberg was proved right and can hope for the repayment of the 23.5 million.
However, it is still too early to knock on the door of the city of Munich with a corresponding request for payment, Ottl emphasized to the editors. The reasons for the verdict are still pending. The proceedings could also be appealed. It is now important not to act hastily. "Happy, relieved and excited to see what happens next," Ottl summed up his state of mind.
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