At the end of 2022, the German Federal Labor Court (Bundesarbeitsgericht – BAG) issued a landmark ruling stating that recording working hours is no longer a “can” but a “must”. Employers must – even now! – record the working hours of their employees. For new-work models based on trust-based working time,
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Tax benefits for the operation of photovoltaic systems
The use of renewable energies is becoming increasingly important. To promote the expansion of photovoltaic systems, the legislature has now introduced extensive changes for operators of photovoltaic systems as part of the Annual Tax Act 2022.
Numerous bureaucratic hurdles will be removed. The new regulations will make the operation of photovoltaic systems more attractive and simpler from a tax perspective.
Continue ReadingBitcoin & Co: BFH rules crypto profits are taxable! What do crypto investors need to know now?
With the decision of the Federal Fiscal Court (Bundesfinanzhof, BFH) of February 28, 2023, the highest German fiscal court has now for the first time taken a position on income tax issues relating to crypto assets – Bitcoins and Co.
In it, the previously issued fiscal court decisions are followed and also essential excerpts of the BMF letter of May 10,
Continue ReadingPayroll accounting 2023 – important innovations at a glance
In 2023, there are once again a number of adjustments to be made in the area of wage tax and social security law. Overview of relevant changes for employers:
- Higher earnings threshold for midijobs, minimum wage will remain
- Higher basic tax-free amount for wage tax
- Artists’
Child benefit evaded? Criminal charges for tax evasion can be the consequence!
Under certain conditions, parents in Germany are entitled to child benefit. As of January 1, 2023, the entitlement to child benefit is a uniform 250 euros per month and child and is paid out to parents by the family benefits office. So far, so good.
But if the family benefits office pays out child benefits even though parents are not (or no longer) entitled to them,
Continue ReadingReal estate valuation newly regulated – higher inheritance tax and gift tax for real estate since 01.01.2023
Real estate valuation in the event of a gift or inheritance has always been a bone of contention. Now, the legislator has reformed the Valuation Act – and with significant effects on the calculation of inheritance tax and gift tax in connection with real estate. This is because the value of real estate has been determined on the basis of the market value for the calculation of gift and inheritance tax since the changes to the law on 01.01.2009.
Continue ReadingProperty tax 2022 – need for action for property owners!
Further update 31/01/2023: In Bavaria, the deadline for submitting property tax returns is extended to the end of April.
In the Free State of Bavaria, property and land owners now have a further three months to submit their property tax returns. This was decided at short notice in the cabinet on 31.1.2023.
Continue ReadingFederal Labor Court (BAG) ruling: Vacation is only time-barred after notice from the employer
Whether and when vacation becomes time-barred is a question that can of course also be of burning interest to employers: After all, whether their own employees are still entitled to vacation or not can become relevant above all if an employee leaves the company and in this context asserts claims for vacation compensation.
Continue ReadingInnovations in 2023 for sick leave and social insurance
Important changes will come into effect for employers and employees in 2023:
The paper sick bill – the famous “yellow bill” – will be abolished for those with statutory health insurance and replaced by an electronic certificate of incapacity to work. For employers, participation in the digital process will be mandatory from 2023.
Continue ReadingInflation compensation premium: what employers need to know now!
The inflation compensation premium is currently the talk of the town. After all, it gives employees hope that they will receive a payment of up to 3,000 euros from their employer to compensate for the current rapid inflation – tax-free and free of social security contributions.
What is correct is that employers have the option of paying employees an inflation compensation bonus.
Continue ReadingProperty tax reform: What does your notice of assessment say about the property tax assessment amount?
In connection with the property tax reform, many property owners receive the property tax assessment notices from the tax office.
In Bavaria, in addition to the “notice of the property tax assessment amount”, a “notice of the property tax equivalent amounts” is also issued.
Continue ReadingSocial security audit and external wage tax audit – what to watch out for in the future?
As part of the irregularly scheduled external wage tax audit, checks are made to see whether employers are properly paying wage tax for their employees. During the social security audit, the German Pension Insurance checks every four years, among other things, whether social security contributions have been correctly paid.
Our experience shows: The auditors are looking ever more closely and demanding more information or evidence.
Continue ReadingAll around the mini-job! Current labour law
From 01 October 2022, the statutory minimum wage will increase to EUR 12 per hour. At the same time, the remuneration for mini-jobs will be increased from EUR 450 to EUR 520 per month.
In connection with the mini-job, there are a number of things to consider from an employment law perspective.
Continue ReadingEnergetic renovation measures: How can real estate owners benefit from a tax perspective?
Since 2020, energetic renovation measures on the owner-occupied home have been eligible for tax incentives for ten years. Corresponding expenses can be deducted directly from the tax liability.
- Which measures are subsidized?
- What should be considered?
- What alternative funding options are there?
Our experts around the property give you tips and answers to 10 questions from the practice of tax incentives for energy refurbishment of your home,
Continue ReadingBureaucratic monster for employers? Employment contracts must comply with stricter requirements as of 1 August
Evidence Act: Employment contracts must be put to the test with regard to mandatory transparent working conditions
From 1 August 2022, the amended regulations of the Verification Act will apply. The background to this is the EU Directive 2019/1152 (Working Conditions Directive), which comes into force on 31 July 2019.
Continue ReadingInheriting debts: what you can do to prevent this from happening!
An inheritance – despite all the personal tragedy – is often a financial blessing for the heirs. Never before has so much wealth been inherited in Germany as at present. However, there is also the other case: the testator or the testatrix – e.g. one’s own parents or spouse –
Continue ReadingThe GbR company register is coming: clarify now what needs to be done!
Information about a GbR and the persons behind the GbR has not been as easy to obtain as, for example, in the case of a GmbH.
This will change on 01.01.2024 when the Act to Modernise the Law on Partnerships (MoPeG) introduces the company register for civil law companies.
Continue ReadingCurrent BAG ruling on overtime: Burden of proof not on the employer!
Overtime and its compensation are often the cause of disputes between employees and employers. This is especially true when overtime is still “on the books” after a dismissal and ex-employees want to be paid for this overtime.
But who has to prove whether overtime was actually worked? So far,
Continue Reading9-Euro Ticket and Energy Flat Rate from a Wage Tax Perspective
Due to rising energy prices, the German government has introduced tax relief measures. These include the 9-euro ticket and the flat-rate energy allowance.
From a payroll tax perspective, there are a few important points for employers to bear in mind.
Continue ReadingSecretly recording a conversation at the workplace: Can employees be dismissed (without notice)?
Discussions between employers or supervisors and employees are often delicate. If conflicts are smouldering or have already erupted in the working relationship, they can become very verbal.
It is not uncommon for employees to reach for their smartphones and secretly record conversations with their employers or superiors that are supposed to be confidential.
Continue ReadingLabour law: current case studies and judgments
Read the background and rulings on exciting issues that concern employees and employers alike:
- What happens to already granted leave during a quarantine order?
- Dismissal without notice even in the case of embezzlement of low-value amounts?
- Dismissal without notice for reading and passing on someone else’s e-mail?
Transparency register & GmbH: Entry until 30.06. – fine threatens
GmbHs and UGs must correctly enter beneficial owners in the transparency register by June 30, 2022. Otherwise, those responsible will face heavy fines.
Read more about the transparency register and the registration deadline.
Continue ReadingEmployment of working students – what to bear in mind
For employers as well as for students, a working student contract is an interesting thing. Employers have fewer ancillary wage costs, and students have more net left over from the gross of their salary.
To do everything right from a tax perspective, employers need to pay attention to some important issues.
Continue ReadingCrypto, NFT, virtual currencies and other tokens: what does the current BMF letter say?
The new BMF letter “Einzelfragen zur ertragsteuerrechtlichen Behandlung von virtuellen Währungen und von sonstigen Token” has meanwhile also been published. Below you will find my brief and initial assessment of the letter of the Federal Ministry of Finance (BMF).
Our expert Dr.
Continue ReadingIncome tax return 2021: How do I take my crypto investments into account?
With an estimated 5,000,000 people in Germany investing in the crypto world, many will soon be asking the question, “How do I account for my crypto investments in my 2021 income tax return?” Some individuals will have to make sometimes substantial tax payments as a result of their crypto investments and will thus also be required to file an income tax return in due time.
Continue ReadingFacility-based mandatory vaccination: individual consultation hours for your employees
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.
Continue ReadingTax-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 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.
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