Deutsche Wohnen:Minority shareholder buyout (DPLTA): Difference between revisions

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* During the appraisal period, the external shareholders continue to hold the shares and receive a dividend. Eventually, if the court decides that the compensation was not fair, the shareholders receive the difference plus interest of between 0.88% and 5% as at 2019. The court's compensation is usually not less than that offered by the acquiring company <ref name=":2" />.  
* During the appraisal period, the external shareholders continue to hold the shares and receive a dividend. Eventually, if the court decides that the compensation was not fair, the shareholders receive the difference plus interest of between 0.88% and 5% as at 2019. The court's compensation is usually not less than that offered by the acquiring company <ref name=":2" />.  
* The guaranteed dividend has generally been at least 5%<ref>https://www.reuters.com/article/us-germany-regulation-breakingviews/breakingviews-germanys-takeover-rules-are-more-sm-than-ma-idUSKBN1X7112/</ref>.
* The guaranteed dividend has generally been at least 5%<ref>https://www.reuters.com/article/us-germany-regulation-breakingviews/breakingviews-germanys-takeover-rules-are-more-sm-than-ma-idUSKBN1X7112/</ref>.
* On the other hand, profit and loss transfer agreement (PLTA) leads to creation of a relationship called ''Organschaft.'' Here the profits and losses are only pooled at the controlling shareholder level. Also, the subsidiary is only subject to tax on payments made to outside shareholders. The PLTA needs to be completed for at least five years<ref>https://taxsummaries.pwc.com/germany/corporate/group-taxation#:~:text=If%20a%20parent%20holds%20more,of%20at%20least%20five%20years.</ref>. PLTA is exempted from real estate tax (RETT) as long as the shares holdings of Vonovia doesn't grow to 90%<ref>https://www.roedl.com/insights/MA-Dialog/2024-02/grestg-new-gold-standard-real-estate-transfer-tax-structures</ref>.
* On the other hand, profit and loss transfer agreement (PLTA) leads to creation of a relationship called ''Organschaft.'' Here the profits and losses are only pooled at the controlling shareholder level. Also, the subsidiary is only subject to tax on payments made to outside shareholders. The PLTA needs to be completed for at least five years and actually implemented<ref>https://taxsummaries.pwc.com/germany/corporate/group-taxation#:~:text=If%20a%20parent%20holds%20more,of%20at%20least%20five%20years.</ref>.  


== What Happens If Some Shareholders Don't Take Part in DPLTA? ==
== What Happens If Some Shareholders Don't Take Part in DPLTA? ==