Compulsory vaccination for healthcare workers is currently the talk of the town and the subject of heated debate. In fact, there are still employees who do not want to be vaccinated against the coronavirus – even in health-sensitive professions. Whether employers understand this or not is a moot point.
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Tax-free benefits in kind – increase of the exemption limit
Since January 01, 2022, the limit for tax-free benefits in kind has been raised from 44 EUR to 50 EUR per month.
The 30% flat-rate tax is not applied if the employer provides non-cash benefits to employees that do not qualify as non-cash benefits subject to payroll tax.
Continue ReadingEnergetic renovation of the home and its financing
n principle, craftsmen’s services on properties used for one’s own residential purposes are only taken into account for tax purposes to a very limited extent.
However, if one observes important prerequisites, plans the measures accordingly and provides the necessary evidence, renovation costs can certainly be deducted from tax.
Continue ReadingReminder! Expiry of the transitional periods for entry in the transparency register
Have you already notified the beneficial owners of your legal entity to the Transparency Register? Not yet? Then it is high time you did!
With the amendments to the Money Laundering Act (Transparency Register and Financial Information Act) that came into force on 1 August 2021,
Continue ReadingAre profits from cryptocurrency trading subject to tax? Revision BFH withdrawn
The BFH (Case No. IX R 27/21), Germany’s highest tax court, was supposed to deal with this question; a decision was expected in February. This has now come to nothing. The appeal filed by the taxpayer has been withdrawn in the meantime.
With increasing crypto trading,
Continue ReadingReduction of holiday due to short-time work? Current labour law
An interesting question, especially in Corona times:
Is the holiday entitlement automatically reduced due to short-time work? Or is an individual agreement with the employee or a company agreement necessary? This has been controversial until now.
Now the Federal Labour Court (Bundesarbeitsgericht, BAG) has eliminated this legal uncertainty.
Continue ReadingThe ACCONSIS Future Workshop turns 3 – Happy Birthday!
The Future Workshop is our digital workbench for new solutions!
On the occasion of the 3rd anniversary of the ACCONSIS Future Workshop (ZKW), we asked Stefan Herzer, member of the Executive Board and responsible for organization and digitalisation at ACCONSIS, for an interview.
We were particularly interested in how the idea of the Future Workshop came about,
Continue ReadingPayroll 2022 – important changes
The new year brings a number of changes in wage tax and social security law. What do you have to bear in mind in 2022? We have summarised the relevant changes for you.
- Increase in the minimum wage
- Minimum remuneration for apprentices
- Employer subsidy for deferred compensation
- Reporting of tax identification number for marginally employed
- Insurance status of short-term employees
- Electronic certificate of incapacity for work
- Tax-free remuneration in kind
Tax havens defense law – Turkey still not on EU ‘black list’
Recently, there has been an increase in the number of reports regarding measures to combat tax evasion in Germany. The German tax authorities are using a wide variety of tools for this purpose. Data CDs from third countries continue to be purchased, most recently tax data from Dubai. At the same time,
Continue ReadingWhat is the right of first refusal for municipalities?
The municipality can only exercise the right of first refusal for a property in certain cases if it lies within the scope of a preservation order.
In a ruling dated 09.11.2021 – 4 C 1.20, the Federal Administrative Court ruled that a municipality’s right of first refusal for a plot of land located within the scope of an urban development ordinance does not exist if the plot of land is built on and used in accordance with the purposes of the urban development measures and the buildings erected on it do not have any defects.
Continue ReadingMini-jobs – what do you have to bear in mind when employing mini-jobbers?
Hiring mini-jobbers is an interesting way for employers to cushion peak workloads, especially in times of fluctuating orders. Of course, some important organisational and verification obligations must also be observed for marginally employed workers.
Important change in 2022: Notification of the tax identification number and statutory health insurance
From January 2022,
Continue ReadingDo you speak “crypto” yet?
“Do you have a wallet yet?” or “Has the transaction been entered into the blockchain?” Do you even understand what they’re saying? If you intend to dive into the digital world to do business, you really have no choice but to learn a new “foreign language”: the language of digital commerce.
Continue ReadingStandard land values: The current development in Munich
ATTENTION: New standard land values as of 01.01.2022 – further increases to be expected
Due to the implementation of the real estate tax reform, the expert committees have recently been instructed to set new standard land values as of 01.01.2022, in deviation from the two-year cycle (31.12.2022).
Continue ReadingCurrent case law on the certificate of incapacity for work
The Federal Labor Court recently had to rule on a case in which an employee gave notice of termination and submitted a certificate of incapacity for work to the employer on the same day as the notice of termination was received.
According to this certificate of incapacity for work,
Continue ReadingFlood disaster: How can employers provide assistance to affected employees?
Many employers would like to provide financial assistance to their employees who have been affected by environmental catastrophes. The following payroll tax simplifications apply to support affected individuals:
Affected employees can receive up to EUR 600 per calendar year tax-free from their employer as aid and assistance. If the aid is paid out to affected employees due to an extraordinary emergency situation,
Continue ReadingAmendment to Money Laundering Act as of August 01: Innovations for the Transparency Register
As of August 01, 2021, the notification fiction for all legal entities and registered partnerships is no longer applicable! The Money Laundering Act (GwG) was reformed when the new Transparency Register and Financial Information Act (TraFinG Gw) came into force.
The previously applicable notification function has been abolished.
With immediate effect,
Continue ReadingReal Estate Transfer Tax Reform: Tighter rules for the transfer of shares in real estate holding companies
On July 1, 2021, the Act Amending the Real Estate Transfer Tax Act will come into force. This contains extensive new regulations for the acquisition of shares in real estate holding partnerships and corporations.
Continue ReadingTax data from Dubai: tax authorities are currently evaluating sensitive data
The last prominent data acquisition was some time ago. Many may still remember the acquisition of bank information from Switzerland. The state government of North Rhine-Westphalia was particularly prominent in this regard. The data purchase was and is highly controversial and even involved the Federal Constitutional Court. The acquired information has flushed billions into the state coffers.
Continue ReadingSalary extras – What benefits can I pay my employees in addition to their salary?
Particularly with regard to personnel recruitment, employers can offer additional, attractive benefits that go beyond mere payment in the form of salary.
With selected salary extras, employees’ pay can be optimized through tax-privileged and social security-free benefits to achieve a higher net payout. Employers can thus reward employees for good work performance,
Continue ReadingACCONSIS now also advises on all aspects of real estate financing
Whether buying or building a new home: the real estate market is booming – despite or even because of Corona. The demand for financing modernization measures or the rescheduling of existing real estate is also steadily increasing. This makes it all the more important to implement the corresponding financing in a future-proof manner and optimally tailored to personal needs thanks to competent advice.
Continue ReadingFrom cryptocurrency to crypto art: seeing through digital returns
The Corona pandemic does have its positive sides: Thanks to it, digitalisation has progressed rapidly and has found its way into all areas of life. We now work mainly remotely, buy more online, and invest more in stocks. Moreover, it is still trendy to trade in cryptocurrency.
In this context,
Continue ReadingFight against time: Last chance to avoid prosecution in Germany by filing a voluntary declaration
Now the time has come. The final step on the part of Turkey has been taken. The agreement on the automatic exchange of information (AEOI), which Turkey ratified back in 2017, will now actually be implemented. The Turkish President, Recep Tayyip Erdogan, personally ordered the execution of the relevant decision by decree on May 31,
Continue ReadingLearn more about ACCONSIS: Annual report 2020
The ACCONSIS Annual Report 2020 is available. Read the latest on our figures, data and facts. We also give you many exciting insights into our strategic developments of the business areas and our visions for the future.
Continue ReadingWelcome, convocat! ACCONSIS expands its consulting expertise
The ACCONSIS family is growing! By merging with convocat – the law firm of Agnes Fischl-Obermayer, lawyer and tax consultant, and Regine Funke-Lachotzki, chartered accountant and tax consultant – ACCONSIS not only strengthens its team, but also significantly expands its expertise in tax, real estate and inheritance law.
Continue ReadingFarewell to an extraordinary entrepreneurial spirit
Entrepreneur Wolfgang Stamnitz passed away on Sunday, April 18, 202 from cardiac arrest. At his desk. Suddenly and unexpectedly.
Wolfgang Stamnitz was chairman of the board of ACCONSIS in Munich. Together with his partners Stefan Herzer and Dr. Andreas Hofner, he was a pioneer of modern client-oriented tax and legal consulting and auditing.
Continue ReadingWe say goodbye to Board Member Wolfgang Stamnitz.
On Sunday, April 18, 2021, Wolfgang Stamnitz, co-founder and Chairman of the Board of ACCONSIS, passed away suddenly and unexpectedly.
As an entrepreneurial personality, he played a significant role in the success and continuous growth that has characterized ACCONSIS and its Munich-based predecessor company for 60 years.
Continue ReadingCompany bicycle for private use – what taxation rules apply?
Every employer can provide its employees with a company bicycle for private use free of charge or at a reduced price. The resulting benefit in money’s worth is then part of the taxable wages.
So-called pedelecs are operated with a max. 250 watt motor and are limited to a speed of 25 km/h.
Continue ReadingCasual landlords – Airbnb & rental portals targeted by tax authorities!
Due to the greater response to the article “Airbnb – The tax office knows who you rented to last summer!” – we are once again expanding our comments to include the following points:
After we have so far dealt in particular with the issues surrounding the investigative measures of the German tax authorities and the resulting tax obligations or consequences under criminal tax law,
Continue ReadingAirbnb – The tax office knows who you rented to last summer!
The Bayerische Rundfunk reports on the topic of “Airbnb” in its article “Airbnb landlords targeted by tax investigators” on B5 aktuell and the BR24 app. Dr. Christopher Arendt, specialist tax lawyer at ACCONSIS explains:
- What led to the current situation? How can the tax office determine that I have generated income with Airbnb?
Dismissal protection proceedings: Does the employee have a duty to provide information regarding job offers?
A lawsuit by an employee against the employer to protect against dismissal is always accompanied by a high cost risk for the employer.
If it turns out at the end of the often lengthy proceedings that the termination was invalid, the employment relationship is not terminated. But what is much more serious is that the employer must pay the contractually owed remuneration,
Continue ReadingWhat are the changes in 2021?
The new year brings with it a number of changes in payroll tax and social security law. We have summarized the most relevant changes in 2021 for you here. Here are the most important facts and key data:
- Increase in the general minimum wage
- Elimination of solidarity surcharge
- Electromobility: increase in monthly flat rates for charging
- Increase of the distance allowance
- Mobility bonus as an alternative to the distance allowance
- Increase in relief amount for single parents
- Contribution rates and levy rates in 2021
November assistance and new start assistance for solo self-employed
In view of the dynamic occurrence of infection, the federal government and the states have decided on measures to break the wave of infection. For certain industries, this includes temporary closures. With the extraordinary economic aid, the solo self-employed are now also being supported.
Many solo self-employed people are waiting for this information,
Continue ReadingSurprise mail from the tax office – where did they get the information about my foreign account?
Today, the German tax office can access high-quality data on foreign accounts and systematically evaluate this data. The Federal Central Tax Office is currently evaluating 1.1 million messages from this data exchange.
We are currently experiencing the effects of implementing this data exchange.
After the first measures of data exchange on financial matters between European and non-European countries have already taken place in the past,
Continue ReadingQuarantine, who pays the salary?
The second wave is just rolling in – there is currently no improvement in sight. In this context the questions arise,
- whether the employer must continue to pay the remuneration during a quarantine
- whether he/she may be entitled to a refund or
- whether he also has to pay if the employee returns from a risk area.
Will Turkey become the new Switzerland?
To the topic data exchange (with Turkey) the Bavarian broadcast reports on the topic “tax evasion: Turkey also reports soon account data” on B5 aktuell, as well as the BR24 App.
The contribution is based on an interview on the current situation with Dr. Christopher Arendt, specialist lawyer for tax law of ACCONSIS in Munich.
Continue ReadingData exchange with Turkey: voluntary disclosure protects against prosecution
In the middle of this year, the Federal Ministry of Finance declared that the Automatic Exchange of Information (AIA) will be expanded to include new countries from autumn 2020. The focus will be on data exchange with Turkey.
We have therefore asked Dr. Christopher Arendt, attorney, tax law specialist and managing director of ACCONSIS in Munich,
Continue ReadingNo short-time work compensation without German company headquarters?
Recently, there has been an increasing number of inquiries from concerned clients who employ employees in Germany subject to social security contributions but do not have a registered office in Germany.
This is usually due to notifications from the German Employment Agency which, referring to the lack of a company seat in Germany,
Continue ReadingWhat changes in short-time work and short-time allowance?
We have summarized all the changes in short-time working and short-time allowance for you. This applies in detail:
- the increase in the short-time working allowance
- the new rules for new mini-jobs during short-time work in the main job
- a summary of the recording obligation for marginally employed and short-term workers
You can find all details here.
Continue ReadingIs a reduction of holiday entitlement permitted during short-time work?
The “Covid-19” crisis is constantly presenting employees and employers with new challenges. One of the major current issues is the relationship between short-time work and holidays.
In order to avoid the loss of working hours, the remaining leave from the previous year must first be brought in. Now the question arises,
Continue ReadingThe next wave of voluntary declarations to the tax office is foreseeable!
Since 2014, 100 countries have committed themselves to exchange information from account holders among themselves in the framework of the Automatic Information Exchange (AIA). This OECD measure ensures greater transparency in international money transactions and, as seen in the example with Switzerland, has also resulted in numerous cases of voluntary disclosure to the tax authorities.
Continue ReadingValue added tax reduction – you have to consider that from 01.07.2020!
In order to revive the economy after the corona shock of the last few months, the German government adopted a comprehensive fiscal stimulus package on June 12, 2020. A central part of these measures is the temporary reduction of the statutory value-added tax within the framework of the standard tax rate from currently 19 % to 16 % and the reduced tax rate from 7 % to 5 %.
Continue ReadingTravel costs 2020 – what should be considered?
After the restrictions of the last few weeks, many companies are starting their everyday life again. Business trips are still a big part of many employees’ daily work. We have compiled a brief overview of what exactly has to be taken into account when it comes to travel costs, food expenses,
Continue ReadingAgain, excellent: Digital DATEV Law Firm 2020
The label was awarded by DATEV for the first time in 2019 and we are pleased to have received the seal again in the second year of the award.
The award is tied to annually redefined criteria that show who in the industry actually has digital competence in the market and thus distinguishes themselves strongly from other market competitors.
Continue ReadingOur recommendation: Rapid application for emergency loans
Since last week, companies can apply for emergency loans from the KfW, which are then disbursed as quickly as possible via their house banks. Since then, the banks have been overrun by applications for the KfW emergency loans to cope with the Corona crisis. On the first day of the aid programme Deutsche Bank alone received more than 5300 applications from companies.
Continue ReadingMinijob aktuell – Wichtige Anforderungen für die Beschäftigung von Minijobbern
Der Gesetzgeber hatte bereits am 21.11.2018 neue „Geringfügigkeits-Richtlinien“ ausgegeben und klar gestellt, welche zusätzlichen Anforderungen ab 2019 an ein solches Anstellungsverhältnis gestellt werden.
Continue ReadingZum 01.02.2020 Brexit in Kraft
Zum 01.02.2020 soll der Brexit in Kraft treten. UK hat alle rechtlichen Voraussetzungen dafür geschaffen, es steht nur noch die Zustimmung des Europäischen Parlaments am 29.01.2020 aus, die aber als Formsache gilt. Uk ist dann nicht mehr Mitglied der EU, aber mit einem Austrittsabkommen, d.h. es ist kein harter Brexit.
Continue ReadingNeue Krankheit – neue Entgeltfortzahlung im Krankheitsfall, oder doch nicht?
Grundsätzlich erhält ein Arbeitnehmer im Krankheitsfall für die Dauer von 6 Wochen seine Vergütung weiterbezahlt (sogenannte Entgeltfortzahlung im Krankheitsfall).
Continue ReadingChanges at the turn of the year 2019/2020
The turn of the year is upon us and, as is the case every year, some changes and adjustments need to be made in the area of salaries. We briefly present the most important topics.
Continue ReadingAuditing
Information quality creates trust
Continue ReadingTax consultancy
Prudence creates financial advantages
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