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”).
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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.
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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?
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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).
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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.
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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.
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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.
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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.
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Cryptocurrencies are now widely used as a means of payment or for investment purposes. However, they can also be used as remuneration, offering great potential for employers and employees alike, but also posing many risks and challenges. The following article focuses on the tax implications of cryptocurrency as remuneration.
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Most people are only familiar with the concept of renouncing an inheritance in connection with an over-indebted estate. However, if structured and implemented correctly, renunciation can be an effective means of actively influencing the succession even after a person’s death, e.g. for tax reasons.
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As part of lifetime business succession planning, businesses or partnership shares are frequently transferred by way of gift to successors—often with a retained usufruct (beneficial interest) in favor of the donor. To maximize available tax benefits—particularly exemption allowances—stringent compliance with specific regulatory requirements is essential.
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The ability to balance cash registers is essential for catering businesses in order to avoid complaints during audits. The change held in waiters’ wallets poses particular risks. This article explains the legal and practical considerations.
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The world of influencers is booming. With millions of followers and lucrative advertising deals, influencers have become a significant economic force. But with growing success, tax obligations and potential misconduct are also coming under the scrutiny of the authorities. Tax investigators in North Rhine-Westphalia (NRW) are currently making headlines as initial investigations into tax evasion by influencers have been launched. But what is behind this and what tax pitfalls should influencers be aware of?
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An employee who is released from work by their employer following termination does not, in principle, maliciously refrain from other gainful employment within the meaning of Section 615 sentence 2 of the German Civil Code (BGB) if they do not enter into a new employment relationship before the end of the notice period.
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Virtual options have become a popular means of incentivising employees. Among other things, they are intended to retain employees and reward and remunerate them for their loyalty to the company. Clauses in employment contracts that stipulate that virtual options expire in the event of voluntary resignation are therefore invalid due to unreasonable discrimination (Federal Labour Court, ruling of 19 March 2025, ref.: 10 AZR 67/24).
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According to the Statistisches Bundesamt (Federal Statistical Office), there were around 43 million homes in Germany at the end of 2023 – more than half of which are rented, many by private individuals. However, many private landlords are unaware that they too can be considered VAT-registered businesses.
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Due to the high property prices, even supposedly “normal” houses and condominiums often exceed the tax-free amounts in the event of inheritance or a gift. However, there are specific tax exemptions, especially for owner-occupied residential property, which can bring considerable financial benefits. If you bequeath or give away a property,
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Would you like to sell cryptocurrencies and transfer the proceeds to your account?
It doesn’t necessarily sound like a problematic process, but it can become a major challenge, keyword: crypto proof of origin or proof of funds. As the crypto market becomes increasingly regulated, this proof is becoming more and more important. In the following article, we will show you why proof of funds may be required for crypto, what it must contain and how you can best prepare for it.
Interim invoices are part of everyday life in the hotel industry and gastronomy – but from a financial administration perspective, they harbour considerable risks. Restaurateurs who pass on interim bills to their guests without clear allocation or without a transaction number risk tax consequences and legal trouble.
What do restaurateurs need to bear in mind to play it safe during tax audits?
Many people put off dealing with their will. However, anyone who has assets – whether in the form of real estate or company shares – or a complex family structure should not rely on the legal succession process. This often leads to disputes, tax burdens or outcomes that nobody wanted.
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Cryptocurrencies are becoming increasingly relevant in everyday life. They offer many advantages, but also disadvantages such as significant price fluctuations. But are cryptocurrencies suitable for paying wages, or are employers bound to conventional currencies? The Federal Labour Court (BAG) recently addressed this question.
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The Berlin will is popular among married couples for jointly settling their estate. However, this type of will has tax disadvantages for children that are difficult to ‘correct’ after the death of one spouse. One way to avoid tax disadvantages for children after the death of a spouse is to make a directed disclaimer.
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The need to protect your assets from third parties is legitimate. Asset protection is an important issue, particularly for people with large and very large assets, and should always be considered when planning your estate.
A recent example of asset transfers to protect assets from third-party claims is the case of René Benko,
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In a letter dated 6 March 2025, the Federal Ministry of Finance (BMF) clarified its position on the taxation of crypto assets and tightened key points. Particular emphasis is placed on the taxpayer’s obligations to cooperate, which have often been underestimated in the past. Anyone who trades in cryptocurrencies or otherwise generates income from digital assets now has a significantly greater responsibility to disclose all tax-relevant information to the tax office in full – regardless of the platform on which the trading took place.
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Close relatives can be disinherited by a will – but the compulsory portion remains. It gets really tricky when the estate is mostly made up of property. The compulsory portion claim can then become a big cash flow problem for the heirs. How can you avoid disputes over the compulsory portion?
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In the context of business succession, it is common for business owners to transfer company shares to the next generation by way of gifts.
It is equally conceivable to gift company shares to employees for strategic reasons. But is such a gift, e.g. of shares in a limited liability company (GmbH), subject to income tax as remuneration? The Federal Fiscal Court recently addressed this question.
In March 2025, the Federal Ministry of Finance published an important decision that should please many restaurateurs and hoteliers: the previous general requirement to record tips paid to employees has been revoked. This represents a reduction in bureaucracy for the catering industry, which is often the focus of tax audits, particularly with regard to cash management.
In this article, you will learn what this change means and what effects it will have in practice.
Private investors in Germany are disadvantaged in many ways from a tax perspective. Setting up a trading company can be a good option here to save taxes on crypto profits. We will show you the advantages and disadvantages of a trading company for crypto, who it is worthwhile for and what needs to be considered when setting it up.
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For restaurateurs, a functioning cash register with an intact technical security system (TSS) is essential. This applies not only to business operations, but also to compliance with legal requirements vis-à-vis the tax authorities.
In this article, you will learn what measures you need to take to minimise tax and legal risks.
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On 6 March 2025, the German Federal Ministry of Finance (BMF) published a new letter on the income tax treatment of crypto assets, replacing the previous letter from May 2022. In large parts, the contents of the previous BMF publication are confirmed, but there are also some exciting changes that crypto investors should be aware of.
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Consuming and possessing cannabis is now legal for adults under certain conditions. This raises the question for employers: What legal rules apply in the workplace? Does it make sense to establish individual rules for your own staff and, if so, what should they be?
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Cryptocurrencies such as Bitcoin, Ethereum and other digital assets present a new challenge in the drafting of wills. Due to a lack of legal regulations and a lack of established case law, there are considerable legal and tax uncertainties regarding the inheritance and administration of crypto assets. In order to enable heirs to access digital assets smoothly and to minimise tax risks,
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The aim of the Fourth Bureaucracy Relief Act (BEG IV), which came into force on 1 January 2025, is to reduce bureaucracy. It is also intended to make things easier for employers, for example with regard to job references, employment contracts, notices or applications for expectant parents.
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Social media accounts, such as Instagram accounts, are a very personal matter. This raises the question of what the heirs of an account can and cannot do with it. The Higher Regional Court of Oldenburg has now ruled that heirs may also actively use a social media account.
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When it comes to drawing up a will, married couples have various options to choose from that not only offer legal certainty but can also provide tax advantages. The well-known ‘Berlin Testament’ and the increasingly popular variant of the ‘Sylt Testament’ offer different approaches. In addition, the ‘property swing’ and the ‘Sylt model’ are two options for transferring real estate in a tax-optimised manner.
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Even in 2025, cash-intensive companies will still face growing challenges: new legal requirements, the advance of digitalisation and increased tax audits by the tax authorities make professional cash management essential.
Our practical experience from current tax audits shows that, particularly in cash-intensive industries such as the gastronomy and hotel industries,
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While working from home was initially an emergency solution during the coronavirus pandemic, it has now become established in many companies – instead of or alongside office work. However, more and more employers want to get their employees back from the home office to the office (‘return to office’).
But what does labour law have to say about this?
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As an innovative way to raise capital in the blockchain space, ICOs offer numerous opportunities but also raise tax and regulatory issues. This post gives you an overview of the tax aspects of ICOs from a private and business perspective and shows how to avoid tax pitfalls.
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In principle, the terms managing director and employee are mutually exclusive – managing directors are not considered employees under labour law. Nevertheless, in a recent ruling, the Federal Labour Court (Bundesarbeitsgericht, BAG) decided that an external managing director is to be regarded as an employee in certain constellations, for example with regard to holiday entitlement.
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In the case of a wealth/salary gap between spouses, the property settlement swing offers the possibility of transferring assets to the ‘poorer’ spouse independently of the gift tax allowance (500,000 EUR). If gifts have been made between the spouses without their knowledge in the past (e.g. by making payments into a joint account),
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At the beginning of the year, the Federal Fiscal Court (BFH) mentioned in its ruling of 28 February 2020 that land in hotel businesses is not a privileged business asset for tax purposes, but that the land is a harmful administrative asset.
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When it comes to long-term planning for the transfer and protection of family wealth, many families face an important decision: should a family-managed company or a family foundation be set up?
Both legal forms offer advantages in terms of asset succession, protection and management,
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Employers often agree variable, performance-related remuneration with their employees. The Düsseldorf Higher Labour Court (Landesarbeitsgericht, LAG) has ruled that such remuneration, which is linked to team targets and the sales performance of third parties, may be reduced if an employee is absent due to illness for more than six weeks.
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The media often report on adult adoptions, most recently on that of Erwin Müller, founder of the Müller drugstore chain. After a rift between him and his son, he had three hunting friends adopt him. The “coffee king” Albert Darboven, on the other hand, failed with the adoption of Andreas Jacobs,
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Employers often agree a post-contractual non-competition clause with their employees or managing directors. The Federal Court of Justice has now ruled that a clause which provides for the retrospective loss of the compensation paid for this in the event of a breach of the prohibition can be effective.
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A foundation as a ‘legally independent estate’ also requires management and must be represented externally, similar to associations or corporations, for example. This task is performed by the foundation’s board of directors. This article takes a closer look at the tasks of the foundation board, its remuneration and liability issues.
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Decentralised financial markets (DeFi) are becoming increasingly important and offer investors a promising alternative to traditional financial systems. With attractive opportunities such as lending, staking or using liquidity pools, there are numerous ways to generate passive income in the crypto world.
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Inheritance tax law provides for extensive exemptions from inheritance tax for business assets. Now, a ruling by the Federal Fiscal Court (BFH) has caused a stir in family-run businesses in the hospitality industry: the court has stated, almost in passing, that these tax advantages do not apply to accommodation and,
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Companies that hold crypto assets are subject to general accounting and record-keeping obligations, as well as specific requirements regarding documentation, valuation and the tax treatment of transactions. Eight key aspects help to minimise risks and ensure compliance with legal and tax requirements.
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German inheritance law treats unmarried couples like strangers – regardless of whether the relationship has existed for weeks, months or decades or whether the couple is even engaged. That is why unmarried couples – with or without children – should organise their estate in such a way that their partner is considered and protected in the event of death.
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