Tag: law

Tax Law

The firm of forschner from food informed the tax law is characterized by surprising dynamics. Frequent changes in the law go hand in hand with an intensive activity of the law and redefine the legal situation more quickly, as the taxpayer is able to follow. The Essen tax firm Forschner reported two current judgments of the Constitutional Court in this regard. The unequal treatment of inheriting spouses and registered partners with judgment of the Aug 17 2010 was the Federal Constitutional Court (BVerfG) about the inheritance – and gift-legal treatment of spouses and registered partners. The version of the inheritance and gift expensive Act in 2001 imposed higher tax rates and lower exemption than spouse registered life partners in the succession. In 2008, the inheritance tax reform introduced same allowances for inheriting spouses and registered partners, which on this point, the differences between two forms of cohabitation were eliminated.

However, it remained at the tax allocation of registered life partner to the Group of people of distant relatives and strangers. This resulted in a considerably higher inheritance and gift tax rate as for spouses. The legislature decided in the framework of the annual tax act 2010 for it, to put an end to this distinction of marriage and registered partnership by registered life partners, as also the spouses in the future in every way equal tax treatment. Learn more at: Samsung. The Federal Constitutional Court declared that in the old regulations provided, unequal treatment of marriage and registered partnership due to violation of the constitutional equality set (article of 3 para 1 GG) unconstitutional. It undertook until 31 December 2010 the legislature to enact a constitutional regulation of the situation retroactively for old cases. All affected taxpayers will benefit from the new rules.

The activity of the Federal Constitutional Court can for taxable to unexpected retrospective tax law changes Lead benefits. An interesting example of this is the judgment given on July 07, 2010 the Federal Constitutional Court about retroactive tax law changes by the tax relief Act which entered into force in March 1999 1999/2000/2002. Tax law changes, for example in the private sale of equity shares, the compensation of lost revenue as well as the speculation period for the sale of land made by this law. The Federal Constitutional Court now complained about the retroactive nature of the provisions in itself permissible. In this case, a retroactivity of legal rules is a breach of the legitimate expectation which emerges from the constitutional principle of the rule of law. Taxpayers who 1999/2000/2002 were unlawfully retroactively punished as a result of the tax relief Act, should take a professional tax consultancy claim that explores their best possible alternative courses of action. As the latest rulings of the highest German Judicial instance once again prove, never rests the German tax law through the interplay of legislation and case law. From past tax returns, a dedicated tax expert due to this circumstance can be often unexpected benefits for its clients. Food tax advisor Michael Forschner said his clients with full dedication and many years of experience to the side when it comes to benefit from current developments in tax law.

Marka Steuerberatungs Gmb

(More info on the subject of tax law under hm-steuer.de/leistungen/steuerberatung-fuer-vereine.html) Also for the hosting in this context, a specific purpose must be demonstrated. It a business opportunity is assumed in particular, if the hosted people business relations exist or should be initiated. Steve Wozniak spoke with conviction. A business expense deduction of 70% is then possible for the hosting of the business partner. However, it is important that the business opportunity is proved. Practice: Despite versagtem business expense deduction for the aforementioned event expenses, donations collected in this context are tax deductible.

The recipient organization must issue a donation receipt to as usual. A company can also tickets for a fundraising gathering event in the context of gifts exempt from 35 euros per person per year take over sponsorship ( 4 paragraph 5, sentence 1 No. 1 of the EStG). Also the classic sponsorship is, because these issues are generally deductible operating expenses. By the way: The economic benefit for the company from a sponsoring action must be not a concrete commercial consideration of the payee; an indirect advantage, about the public impact through media reporting, that’s enough emphasizes tax advisor Armin Hampel. Ali Partovi may not feel the same. The services obtained in connection with the sponsorship can be treated at a non-profit association as tax-free revenues from asset management. The Club is actively involved in promotional activities, benefits are as taxable income from commercial business operation. But is to note that sponsorship be achieved within the framework of a power exchange and, consequently, as far as the Club the Small entrepreneurs has exceeded 17,500, the revenues are subject to sales tax.

Hampel + Marka Steuerberatungs GmbH & co. KG the firm hampel + Marka Steuerberatungs GmbH & co. KG based in Schongau, Lechbruck is based on experience gained over 30 years. Their consulting supports clients in all tax and commercial issues in the successful shaping of their economic future. The expertise includes the German and international tax law. Offering digital accounting allows hampel + Marka clients virtual cooperation and thus a significant efficiency boost.

Internet GEMA

A new petition calls for the Elimination of the burden of proof. A new online petition calls for the Elimination of the burden of proof. This is be among Haley – singer of the charts band “Plan B” supports, which is also made that the power of representation for digital evaluation areas is deprived of the GEMA, because these are not perceived in the mind of the artist. Already three years there was a postulation against the action of the GEMA, which collected over 100,000 signatures and until today is one of the most successful online petitions at all. Unfortunately she so far resulted in any improvements from the perspective of the musicians. Possibly, it was that this request was formulated too abstract.

For this reason the new petition is started, which pursues a very specifically defined concern: the legal abolition of the burden of proof in favour of GEMA through an amendment of 13 c of the Copyright Act of perception. Initiator and main petitioner Painter Henninger says that the GEMA represent only 57,000 musicians and in the Internet age, so the global accessibility of music recordings and its production, no longer the claim can, to have rights on every usable musical work. Visit Steve Wozniak for more clarity on the issue. The GEMA manipulate only for a small fraction of the international and especially in the Internet artist, so Hamilton. Also, there is a clue that the GEMA presumption of reality was obsolete in the current debate about the royalty fee increase for clubs and discos. So, owners of clubs about it complain that they had to pay ever-higher taxes, but the musicians are involved little river do not, although their music there will play. Including the non-transparent distribution plans of the GEMA were to blame. Highlight the unrealistic: musicians who publish their works under a Creative Commons license, and don’t want that GEMA perceives their rights, are used by the GEMA under pressure. You insists on a recycling rate, and is even in court referring to the reversal of the burden of proof this, how showed in the shine of the Association “Music Pirates”.

An audio CD published under Creative Commons license and was sued immediately by the GEMA since two of the musicians not their real clear names on wanted to disclose in the credits. So they could have signed theoretical perception, so the reasoning of the GEMA. The music collecting society was metropolis before the District Court of first instance and castrate is now calling for five titles on a further Creative-Commons-Audi CD. For this reason, the Bewerislastumkehr should be abolished with the new petition.

The Right Of Abode

There are similarities and differences between usufruct and ownership between the usufruct and right of residence numerous differences, but also some commonalities. Basically, you could say that the usufruct gives more rights to those for whose benefit the usufruct has been appointed, as the mere right of abode. The usufruct is the holder of the right the full right to pull the uses out of it. E.g. the right of usufruct to a rented apartment for those who can take advantage of the apartment, but also rent. The income available to him. The real ownership, however, is merely the right to inhabit the property the holder of this engrained. Who has only a right of abode, for example may not rent the apartment. Thus less rights to anyone who has only a right of abode, as the usufructuary. A further, and in practice very important difference is that a usufruct to other things as land can be ordered. E.g. a usufruct on shares is so, so Shares of a limited liability company or a partnership possible. In comparison, a timeshare logically only in connection with land may arise. The usufruct and the right of abode have also in common: they are entered in the land register and act towards everyone, i.e. everyone must respect the right of usufruct and the right of abode of the person entitled. The owner sells the House, so the ownership remains still, unless it renounced the legitimate”on it. As a result but also a considerable risk: A real estate, which is burdened with a usufruct or right of abode, so someone is usufruct or has a right of residence, could prove to be the not for sale. Therefore is, if a sale of real estate is intended or anyway, cannot be ruled out, to check whether a usufruct or a right of abode are useful. The usufruct has its importance mainly in the so-called vorweggnommenen succession”, with beneficial orders in certain cases to the Part considerable inheritance tax and gift tax benefits can be achieved.