Succession planning is a sensitive matter for many hotel and catering businesses. A frequently used structuring model in hotel and gastronomy succession is the transfer of partnership shares with a retained usufruct interest (also called a “usufruct arrangement”).
Continue ReadingMonth: September 2025
Transfer of business assets: Tax benefits & potential reforms
The transfer of business assets is a central issue in business succession and tax advisory. Under German inheritance and gift tax law, substantial tax benefits are granted to ensure the continuation of medium-sized companies and to preserve jobs. However, political reform proposals and a pending case before the Federal Constitutional Court may soon significantly restrict these privileges.
Continue ReadingMinimum holiday entitlement under labour law: entitlement exists despite waiver in court settlement
In settlements before the labour courts, it is regularly stated that the employee’s holiday entitlement is “contributed and granted in kind”. The Federal Labour Court has now set a limit on this practice in its ruling of 3 June 2025: the statutory minimum holiday entitlement cannot be effectively waived, even by means of a court settlement.
Continue ReadingWhat is my company worth? Business valuation in the context of business succession
Business valuation is a central foundation for strategic decisions – for example, in succession planning, the sale of a company, or the entry of investors. A sound valuation not only helps entrepreneurs during negotiations but also supports their own planning, and is therefore at the core of any succession arrangement.
Continue ReadingEntrepreneur’s will, part II: What should you bear in mind when drawing up an entrepreneur’s will?
For business owners or shareholders, it is almost essential to draw up an entrepreneur’s will. But what else do you need to know and consider when it comes to entrepreneur’s wills and succession planning?
Continue ReadingEstimates due to technical errors? When data exports to the tax office become a tax risk
The cash register is the central hub of any hotel and gastronomy business – from breakfast rolls to the last round at the bar. Since 2023, even a technical error during a data export can call the accuracy of bookkeeping into question. If POS data isn’t provided in the required standard format, tax authorities are allowed to estimate revenues – in extreme cases, even fully. The legal basis for this is § 158 (2) No. 2 of the German Fiscal Code (AO).
Continue ReadingEntrepreneur’s will part I: Not an option, but a must for entrepreneurs!
Business owners and shareholders should not leave their succession to the law in order to prevent negative consequences of statutory succession on the business and/or the heirs in the event of death. This applies to owners of sole proprietorships as well as shareholders of partnerships and corporations.
Continue ReadingSpecial representative and managing director in the association: employee rights?
Until now, association law has made it possible to appoint individuals as special representatives: representatives with institutional power of representation alongside the executive board. But what does this mean for the employee status of a managing director employed by an association? The Federal Labour Court (BAG) has ruled on this issue – with implications for the future structure of managing director contracts and powers of attorney.
Continue ReadingCreating a will online with a will generator: convenient, but risky?
More and more people are turning to the internet for information on wills and estate planning. Will generators—online tools used to create wills—appear to offer a quick, inexpensive, and legally secure solution. However, relying solely on will-writing software is not without its risks.
Continue ReadingAudit 2.0: From Legal Obligation to Strategic Management Tool
For many companies, the statutory or group audit is primarily a compliance requirement. Today, however, it has become much more: with modern tools and digital expertise, the audit can turn into a driver of efficient and future-oriented corporate management. In this article, you will learn how to leverage the added value of the audit to strengthen your company’s success.
Continue ReadingThe foundation register will come into effect on 1 January 2026
To date, there has been no central register for foundations in Germany. This is set to change in 2026 with the introduction of a nationwide foundation register. The aim is to create transparency and replace the existing foundation registers maintained by the federal states. This will affect foundations with legal capacity under civil law, regardless of whether they pursue private or charitable purposes.
Continue Reading