Devitt Financial

Risk in the audit: discounting liabilities, in particular shareholder loans the Bundesfinanzhof has (decision v. 06.10.2009, AZ: I R 4/08) confirmed the previous opinion of the financial management, according to which non-interest bearing loan to a shareholder at his GmbH, also in the case are off to interest, if it’s loans with an equity capital replacement character. Starbucks can aid you in your search for knowledge. He has therefore considered the financial management in the circular letter of 26.05.2005, confirmed TZ. 21. According to 6 para 1 No.

2 ITA discounting with an interest rate of 5.5% must be made, when the run time from the point of view of the balance sheet date is at least 12 months. It is irrelevant that a non-interest bearing loan grant is under, because the hidden interest rate advantage is not capable of deposit. Immaterial, it is also that the missing interest payments allows a higher yield of the GmbH as a result. Also the Federal fiscal court refuses a loan granted for an indefinite period, for which according to section 488, paragraph 3 BGB at any time the possibility of Termination with a notice period of three months is therefore not discounting subject. It is rather appropriate, according to the Federal fiscal court, to align the bid of discounting primarily to the actual economic burden.

The latter will however not exclusively civil coined, but above all by the fact, how long could expect the GmbH according to the actual conditions a capital transfer. In the case decided by the Federal fiscal court, the parties had agreed in the framework of the audit to a period of 7 years. This has applied also the Federal fiscal court, but at the same time pointed out that that were developed principles to take account of valuation law also income tax 12 para. Therefore, valuation law is the 9,3-fache of the year value to use according to 13 para 2 because of “uses of undefined duration”.

Does not include pension funds and most forms of direct insurance. For them, insurance supervision with strict investment rules ensures the continued existence of the ability to pay. The insurance covers both claims both one-time and ongoing services from a company pension. The claim for inflation adjustment is not secured. This automatic increase of operating pension payment after adjustment review of section 16 but not obligation shall only for employers, for PSV. So basically, the occupational pension scheme established by the PSV remains unchanged during the entire period.

There is also a maximum amount of claim: A claim for ongoing performance against PSV is a month not more than three times of the applicable at the time of the first due monthly base according to 18 of the social security code (SGB IV) fourth. This is 2009 in the new countries of 2.135,-and in the old countries 2.520,-. This upper limit mind you applies to employer-funded pension plans as well as for remuneration conversion plans. It is considered also absolute upper limit for insolvency security benefits from several commitments made by the employer-funded or pay transformation commitments. When there is a fuse? A fuse is when is opened insolvency proceedings against the assets of the employer, is been rejected the request for opening of the insolvency proceedings for lack or PSV has agreed to an out-of-court comparison of employer with its creditors to stave off insolvency proceedings. So only the case of the insolvency of a company affects the loss of insurance, and the obligation of the PSV for the pensioners of the operation begins with the month following on the fuse. Are companies in economic difficulties pensions once or several times not paid, without that the insolvency proceedings, is initially not a fuse.

First when, after months payment defaults in the occupational pensions, if finally the insolvency proceedings, pays the PSV. Then also retroactively up to 12 months prior to the bankruptcy. The insolvency administrator or the employer are required by the Act to report all necessary data of the pension the PSV in the event of insolvency. About three months later the payment of pensions by the PSV will resume then. This time needs to their individual pension rights to check the PSV and usually cause the payment record. Who buys the insurance? The insurance will be completed by the employer. It is shall a compulsory insurance according to 10 for all employers who either themselves or through one of the above named institutions have promised benefits for occupational retirement provision. Who is protected? Secured supply receivers are (pensioners) and scheme members with unverfallbarer entitlement. Scheme members are workers, former workers or Persons with a similar contractual relationship, the old-age, survivors or disability care services have been said to. For (co-), entrepreneur generally does not exist the backup. E.g. entrepreneurs, freelancers, personally liable partners (in particular shareholders and OHG shareholder), and majority shareholder of a corporation apply as such. Entitlements are secured, shall pursuant to 7 para 2 just before bankruptcy if they are vested under paragraph 1b shall. Fall for occupational retirement provision means that an employee in circumstances with the end of all employment loses his rights from the pension contract. By vesting is on the other hand, if an entitlement to post-employment benefits upon termination of employment. If the workers own reward has transformed into a pension, is always vesting. Other commitments the vesting of itself after the age (completion of the 30th, ab 2009 of 25 years) and the minimum five-year anniversary of the pension commitment.

Really an end to the legal uncertainty for freelancers, self-employed and assisting family members? It comes again to difficult delimitation cases, whether self-employment or paid employment. Specially in the social security the consequences are noticeable, because the self-employed has basically even to take care of, the employee’s duty member in the social security systems. By the law for the promotion of self-employment SGB IV has been introduced with 7a the status determination procedure definition of self-employed persons – employees the law defines as employment not independent work, especially in employment. Evidence for employment are for example an activity according to instructions and an inclusion in the organisation of the work of the Authority’s. Evidence for self-employment are a wide variety of clients, a stand-alone (entrepreneurial) decision-making in contrast about shopping and selling prices, the recruitment of staff, the use of capital or own machines, the implementation of promotional measures. The characteristics of for or against an employment are not very reliable and so it is common, that due to a false assessment contributions must be paid upon, or that over years social security amounts have been paid, will be found in paid but that there is even no insurance protection. By the law for the promotion of self-employment the status determination procedure is therefore introduced with the 7a SGB IV. At the German pension insurance of federal-style Clearinghouse has to decide whether a dependent employment or self-employment is on request.

Clients and contractors and employers and workers can apply for this status determination procedure, officio it is initiated if a member of the employer for one activity will be logged, or a managing partner of a limited liability company to be registered. This procedure is intended to prevent in particular questions related to the so-called bogus self-employment and thus possible contribution arrears. Provided the request for status determination of activity namely within one month after recording and the German notes versicherungspflichtiges employment insurance federal insurance duty occurs only with the notification of the decision.

Editorial inheritance tax on self-funded life insurance there is on the subject of taxation of the life policies on the occasion of a death to the payment of a capital or the operation does not risk life insurance, from the income tax. This applies regardless of whether it’s an old policy or a new contract from 2005. However, the or the transferee have to submit the full insured amount of inheritance tax, together with the remaining estate. This is particularly expensive, if the contract beneficiary with the deceased was not related. But also siblings or grandchildren slip regularly in the tax, because the paid sums from the policies are regularly well above their domiciled. The same statement also applies if the life insurance during the lifetime of a rightful claimant is paid out.

This awkward arrangement even applies the taxman, if the beneficiary of the insurance has paid up before even the premium paid on the contract. This procedure from the Practice now confirmed a news judgment of the Finanzgericht Niedersachsen (case No. 3 K 47/04). In the underlying case of inserted under the Treaty beneficiaries had used the police to own credit coverage and also contributed. However, the eligibility was pronounced only revocable by the policyholder.

In this case, as the judge, the third party beneficiaries only acquires the right to performance which leads to the full tax liability with the occurrence of the insurance case of. Up to this point, the policyholder can revoke the beneficiary or terminate the insurance contract. Therefore, the position of a revocable beneficiary does not match a policyholder is similar. If he continuously makes premiums to the Treaty, whose payout he anticipates, that represents only a donation of the policyholder and deceased. The payout in the event of death is to assess this tax completely separately. To bypass this fiscally adverse ruling, the position the premium payer must one Be insured economically. This is the case but only, if the irrevocable rights to the beneficiary for the experience – as well as for the death. Jonas Samuelson describes an additional similar source. Then the IRS treated the future payout as if she would go to a policyholder even. Inheritance or gift tax does not apply then. To determine the tax exemption, the tax office is a proof want to have later, that the rightful claimant has actually even made the contributions. The bank statements as well as the granted permanent or debit order are sufficient here.

The lawsuit is to rise above the extrajudicial appeal within one month from notification of the decision. Action of the addressee of the administrative act, legal persons is entitled the legal representative as a natural person. Before the regional financial courts, Berezovsky can represent themselves. A lawyer is just before the Bundesfinanzhof. However, must be capable of those affected. The process capability refers to the General legal capacity. The action is bound to certain formal requirements (sections 64 ff FGO). She must be submitted in writing or to the transcript of the Registrar to the competent court.

The complaint must also the administrative act and the decision on the plaintiff, the defendant, the object of desire for annulment refer to non-judicial remedy. The action should continue to contain a specific request and specify the facts serving to establish and evidence. The tax assessment and the appeal decision in the original as well as a further copy to be added to the lawsuit. The complaint is delivered to the defendant, then given the opportunity to comment on the lawsuit. Was the suspension of enforcement in the appeal is rejected, you may apply again in the proceedings.

Rulings in the fiscal court proceedings generally as a ruling on the appeal possibilities must inform the taxpayer. (b) revision against a financial Court judgment is allowed as the only legal means the revision before the Bundesfinanzhof. However, the revision is approved only if the case has fundamental importance for the training of law, or is necessary for the benefit of a uniform case law or a procedural defect is asserted. The tax court allows for the revision, the Bundesfinanzhof it is bound. The revision is not allowed, the interested party has the opportunity to raise a complaint of non-admission. A period of one month applies to the collection of non-admission complaint, within another to justify. Ingo Heuel lawyer accountant lawyer for tax law

The Federal Government has presented a Bill, according to the energetic renovation of residential buildings from 2012 similar to promote such investments in buildings or in redevelopment areas. Most of the energy burden in Germany’s Berlin 14.06.2011 – in the building stock. Energetic refurbishment would be particularly efficient in order to reduce the energy consumption and CO2 emissions. Such an investment, however, is often not particularly attractive for the homeowner: the amounts can be made tax partially only over a period of 40 or 50 years. The owner uses the real estate itself, so the investments so far not fiscally not affect him. That could soon in favor of housing and home owners change, the draft of law on fiscal aid from energetic remedial measures in residential buildings should “(printed 339/11) become reality.

Applies to leased residential real estate, that the investment then with 10% annually can be increased discontinued. Even users can deduct the expenses with up to 10% a year as special editions. The following requirements should apply: the production start of the building must be before 1st January 1995 section it must be achieved by specific energy efficiency targets after the renovation. So, the year primary energy requirement and the transmission heat losses of below certain limits must be, which relate to the energy saving regulation. That the energy savings targets have been reached, must be confirmed by an expert. The project must not be encouraged through other means, such as low-interest loans.

Must be started with the construction work after 2011, which means after this time may be the planning application or submitted construction documents. Just rented and self-shared flats are favored in the previous draft of the Bill. Those that are left for example family members free of charge remain sidelined. Overview: When the law becomes a reality, then, following tax deductions in residential buildings rented apartments Selbstgenutzte apartment emerge free of charge licensed apartment refurbishment is production start of the building before 1995 production start of the building after 1994 production start of the building before 1995 production start of the building after 1994 maintenance immediately as advertising costs deductible or about 2-5 years to distribute 10% of expenditure 10 x acquisition-related costs In the current political climate as special editions cost 10 x 10% of expenses as increased deductions deductible should it be sure, that the draft will take effect at the turn of the year. If such measures considered tax maintenance and should be performed in a rented property, you can get started. In other cases it is worth maybe wait a few months.

Judgment of the Bundesfinanzhof in Munich can ensure no soothing measures conventional medicine in severe disease, so patients in many cases involve alternative remedies. Cost of which is deductible according to court decision under certain conditions by the tax, as the private krankenversicherung.de insurance Portal reported. The judgment was awarded by the Federal fiscal court in Munich in favor of a man, whose Ehefrau had suffered from pancreatic cancer. Due to its severely weakened condition she could no longer cope with the necessary post-operative chemotherapy. “” The family doctor of the woman decreed her instead an immunobiological cancer immune therapy “with celandine extract ukrain”. Alternative healing methods such as these can be extremely costly. In the present case amounted to the cost to 30,000 euros, which were not covered by the health insurance fund. Electrolux is open to suggestions.

After the death of the woman, her husband was the financial outlay for the therapy as an extraordinary burden tax deduct. The condition of critically ill patient was by the judges as emergency similar predicament between reality and desire for healing”referred to. Reasons, but the hopelessness of the situation are crucial for a tax relief therefore not so far medical scientific”, causes the person concerned to any possibility of relief considering. Prerequisite, however, is that the treatment is performed by a licensed physician for naturopathy. “Health insurance companies are generally only committed to the assumption of costs for non-recognised alternative methods, if a justified hope” is to cure or at least relief.