Questão jurídica principal
Whether a de facto liquidation of A. AG existed and withholding tax was due on a liquidation surplus.
Decisão extraída
Yes. The sale of assets followed by transfer of the proceeds without reinvestment justified treating the company as de facto liquidated and the transfers as taxable benefits.
Fundamentação extraída
A liquidation surplus is taxable not only in a formal dissolution but also where assets are realized and the proceeds are distributed. Because the company failed to produce books and evidence, the authority could infer taxable benefits and a de facto liquidation.