25th ICCML Lecture
After media reports covered Cum/Ex-deals in recent weeks, the audience visiting the evening lecture of the Institute for Corporate and Capital Markets Law (ICCML) on 8 November 2018 had the opportunity to learn more about the backgrounds of such transactions.
We had the pleasure to welcome Prof. Dr. Jens Blumenberg, partner at Linklaters LLP and expert for tax law. Prof. Blumenberg explained what Cum/Ex-deals are: a tax scheme where stock transactions are conducted beyond the dividend deadline thus causing double refunds for capital gains taxes paid only once. Moreover, he distinguished such deals from so called „Cum/Cum“-deals.
With the help of illustrative charts and images Prof. Dr. Blumenberg expounded how the events leading to Cum/Ex-deals unrolled. In doing so, he kept several time periods apart which respectively were affected by legislative attempts to curb the tax scheme.
Having provided an overview about the relevant case law, Prof. Dr. Blumenberg adressed questions regarding the liability of the individuals involved and then turned to criminal law, administrative offences and the fining and punishing of companies.
Students participated along with interested practitioners in the lecture, which was followed by a lively exchange between the audience and the speaker.