The money is being paid back sooner than Lufthansa expected, the company said. Photo: Reuters
The money is being paid back sooner than Lufthansa expected, the company said. Photo: Reuters
The money is being paid back sooner than Lufthansa expected, the company said. Photo: Reuters
The money is being paid back sooner than Lufthansa expected, the company said. Photo: Reuters

Lufthansa pays $1.7bn to buy part of German government’s silent stake


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Deutsche Lufthansa paid off a chunk of the German government’s remaining bailout package, eliminating part of its so-called silent participation support with €1.5 billion ($1.73bn) of the money it raised in a rights offering last week.

The €2.16bn equity raise is now complete and new shares issued, Lufthansa said on Monday in a statement. The company plans to repay the remaining €1bn of silent participation to Germany’s Economic Stabilisation Fund by the end of the year.

Chief executive Carsten Spohr is racing to free Europe’s biggest airline from government strings before Chancellor Angela Merkel leaves office. With her Christian Democrats set to lose power, Lufthansa faces a new government that may be less accommodating. Germany’s €9 billion package saved the airline after the pandemic battered aviation worldwide.

“We are very grateful that Deutsche Lufthansa was stabilised with tax money in the most challenging of times,” Mr Spohr said in the statement, also saying the intervention saved more than 100,000 jobs.

The funds are being paid back earlier than the company expected, and with more countries opening their borders, “we are increasingly confident about the future”, Mr Spohr said.

Germany agreed to bail out Lufthansa early in the pandemic after travel bans forced fleets to be grounded. Repaying the aid would free the company from obligations the European Commission attached to its approval of the deal, such as a ban on dividends, management bonuses and any purchase of a stake of more than 10 per cent in a rival airline.

While European airlines such as Lufthansa are now starting to recover from the crisis as short-haul flying resumes, vital markets such as the transatlantic remain largely closed, depriving them of their most valued revenue streams.

Lufthansa expects passenger numbers to reach about half of 2019 levels in the coming months.

Ten tax points to be aware of in 2026

1. Domestic VAT refund amendments: request your refund within five years

If a business does not apply for the refund on time, they lose their credit.

2. E-invoicing in the UAE

Businesses should continue preparing for the implementation of e-invoicing in the UAE, with 2026 a preparation and transition period ahead of phased mandatory adoption. 

3. More tax audits

Tax authorities are increasingly using data already available across multiple filings to identify audit risks. 

4. More beneficial VAT and excise tax penalty regime

Tax disputes are expected to become more frequent and more structured, with clearer administrative objection and appeal processes. The UAE has adopted a new penalty regime for VAT and excise disputes, which now mirrors the penalty regime for corporate tax.

5. Greater emphasis on statutory audit

There is a greater need for the accuracy of financial statements. The International Financial Reporting Standards standards need to be strictly adhered to and, as a result, the quality of the audits will need to increase.

6. Further transfer pricing enforcement

Transfer pricing enforcement, which refers to the practice of establishing prices for internal transactions between related entities, is expected to broaden in scope. The UAE will shortly open the possibility to negotiate advance pricing agreements, or essentially rulings for transfer pricing purposes. 

7. Limited time periods for audits

Recent amendments also introduce a default five-year limitation period for tax audits and assessments, subject to specific statutory exceptions. While the standard audit and assessment period is five years, this may be extended to up to 15 years in cases involving fraud or tax evasion. 

8. Pillar 2 implementation 

Many multinational groups will begin to feel the practical effect of the Domestic Minimum Top-Up Tax (DMTT), the UAE's implementation of the OECD’s global minimum tax under Pillar 2. While the rules apply for financial years starting on or after January 1, 2025, it is 2026 that marks the transition to an operational phase.

9. Reduced compliance obligations for imported goods and services

Businesses that apply the reverse-charge mechanism for VAT purposes in the UAE may benefit from reduced compliance obligations. 

10. Substance and CbC reporting focus

Tax authorities are expected to continue strengthening the enforcement of economic substance and Country-by-Country (CbC) reporting frameworks. In the UAE, these regimes are increasingly being used as risk-assessment tools, providing tax authorities with a comprehensive view of multinational groups’ global footprints and enabling them to assess whether profits are aligned with real economic activity. 

Contributed by Thomas Vanhee and Hend Rashwan, Aurifer

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Updated: October 12, 2021, 3:30 AM