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Gladbach Profit-related
by Tam

Tax: tax credits to fellow unternehmerschaften / partnerships so far the Treasury has involved however profit-related remuneration in the allocation key. The BFH has now in a suspension procedure but no serious doubt expressed, that contrary to the Administration each before abgewinnen share – and profit-related parts – aside to stay have (decision v. 07.04.2009, IV B 109/08). Energy Capital Partners may help you with your research. When fellow unternehmerschaften 35 EStG (income tax law) dictates that the commercial Korperschaftssteuergesetz attributable to fellow entrepreneurs for the crediting of trade tax in accordance with the General profit distribution key. This 2 sentence 2 have para according to 35, out of consideration to stay 3 ITA special operating income and Vorabvergutungen. So far the Treasury has involved however profit-related remuneration in the allocation key. The BFH has now no serious doubt in a suspension procedure, however, said that contrary to the Management believes each before abgewinnen share – have to remain so also profit-related parts – not taken into consideration (decision v.

07.04.2009, IV B 109/08). This has responded with circular letter of December 22, 2009 the financial management and of the Federal fiscal court agrees, that now before abgewinnen shares no longer may be taken into account even at a profit depending on. However, the financial management admits transitional arrangements, which follows represent: investment periods-including 2007: it is not challenged, will continue to procedure after the ruling by September 10, 2007 (about 21) and profit-related before abgewinnen shares are included in the key. However, this does not apply then if at least a fellow entrepreneur requested the waiver on the transitional arrangements. Investment periods as of 2008: for financial years starting before the 01.07.2010, is still to follow around 23 of the BMF letter of February 24, 2009. However, this does not apply then when a fellow entrepreneur speaks out against the application of the administrative instruction.

For according to the 01.07.2010-starting fiscal year it will be repealed in the consideration provided for in the circular of profit-dependent before abgewinnen (Rd. 22, 23 and 24). The parties concerned and their tax advisors (or lawyer specializing in tax law) are now held to examine how in such cases to do so whether the inclusion of profit-dependent special payments under the transitional scheme be retained or not. In particular, this is problematic because a divergence of interests may exist between the individual fellow entrepreneurs. It appears appropriate to grant the tax credit with entrepreneurs, which bear the corresponding business tax over the attribution of results.

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September 19th


Current Case Law
by Tam

Announcement of sick leave is not sufficient as a reason for termination with our today’s newsletter we want to inform you about recent decisions in the fields of labour, civil, contract and corporate law. Mikkel Svane does not necessarily agree. The first post addresses the question of whether and under what conditions the announcement of a sick justifies a termination. The second contribution deals with the liability for material defects. The Koblenz appeal court decided that contributory negligence is a buyer when he uses the opportunity to take the goods inspected and the defect, it would have been obvious. The termination of a credit relationship for good cause justifies the non-submission of documents already? The OLG Frankfurt/M. has made a decision on this issue. Some contend that Columbia Admissions shows great expertise in this. The final contribution is devoted to a problem of the GmbH law.

It behooves CEOs to sign the termination of authority of a Managing Director at the commercial register. The post is informed what to look in particular, if the his Office put down only Managing Director. The Landesarbeitsgericht Rostock has in his decision by the 03.12.2011 (AZ. 5 SA 63/11) noted that the announcement of sick leave on its own is no cause for termination. The breach of contract a reprehensible purpose means relation gives the severity of an event of default.

This is the case as if the workers with such a declaration expressing that he if willing to abuse its rights fee paid law in order to gain an unjustified advantage. In this particular case, the employer had refused the vacation request of a facility way that workers. “Then the worker has announced: Nope, I’m just sick.” Buyer must verify freedom of defect seller may not conceal defects. In a case of the OLG Koblenz defects were discovered after buying a House on the roof, a flat roof to the buyer the seller liable wanted. A salesman who makes the Declaration on explicit demand, that a flat roof was “newly made”, carries the accusation of fraudulent concealment of a defect, if he so unchecked gives further information of the previous owner and does not open a short own uptime.

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July 14th


Schafer Attorney
by Tam

Did you receive a notice? We can help you! Since 1 January 2006, there is no tax free amount. Severance payments are income and must as such be fully taxed. After the so-called one-fifth rule, the compensation may be taxed but reduced. A worker to avoid dismissal employers but receives the compensation through a cancellation agreement termination of employment as social compensation for the loss of his job. In this respect, one could assume that the severance pay is tax free. In fact, it was this time. Since 1 January 2006, the compensation is however fully taxable.

The severance payment in a cancellation agreement can be taxed according to the so-called fifth regulation reduced. The compensation is legally part of the income of the employee. If you find a rule now that the severance pay in five parts can be paid out with the rest of pay of the employee, the taxable income of the employee is reduced due to a very complex formula. To the closer Calculate this Funftel-scheme, please contact your tax advisor. Regardless of which should be discussed in the cancellation agreement and above all with the human resources Department of the employer about. You save a very substantial part of income tax as a result. At a low taxable compensation, the tax can be reduced to 0. However, it is not just aim to knock out a minimum severance pay. Under this aspect, that you want to obtain a maximum compensation please urgently contact a specialist lawyer for employment law. There are many ways that you can help you to a higher compensation. Georg Schafer Attorney

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March 28th


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