Company pension scheme (bAV): Mostly no simplified accounting for micro companies (GmbH, AG, GmbH & Co. KG)

– Why setting up a bAV blocks the way to balance sheet simplification -.   Following the Bundestag, on 14 December 2012 the Bundesrat also approved the draft bill on the Small Capital Companies Accounting Law Amendment Act (Kleinstkapitalgesellschaften-Bilanzrechtsänderungsgesetz). (MicroBilG) was approved. The promised EReduction in the costs of accounting for micro-corporations (GmbH, AG, GmbH […]

Additional financing of company pension schemes (bAV) subject to wage tax

When do employees face a double insolvency risk with occupational pension schemes and additional tax burdens? The subject of the BMF letter of 6 December 2017 (IV C 5 – S 2333/17/10002; DOK 2017/0989084) is, among other things, also the future treatment of incorrectly structured company pension scheme (bAV): Accordingly, special payments by the employer […]

When time value accounts lead to criminal prosecution and employer liability

Time value accounts (ZWK) are used to shift social insurance and payroll tax contributions into the future. Such ZWK arrangements are not recognised for tax purposes in the case of members of the management boards of public limited companies and managing directors of private limited companies, as the Federal Minister of Finance clarified (letter dated […]

Can the “New Social Partner Model Company Pension” prevent increasing old-age poverty?

– Which disadvantages even the new occupational pension scheme (bAV) does not eliminate –   Both the Federal Ministry of Labour and Social Affairs (BAMS) and the Federal Ministry of Finance (BMF) are currently interested in improving occupational pension schemes (bAV). On the one hand, there is the concept of a “new” implementation route via […]

When employers are liable for reductions in pension funds

– How advisors, brokers and pension funds are taken into recourse in time –   A daily newspaper from southern Germany misleads its readers with the title “Erste Pensionskasse reduces company pensions”. For neither are company pensions reduced if the pension fund cuts its benefits. This is still the first pension fund where pensions and […]

Money from the state for companies?

The international financial crisis has reshuffled the cards in the credit poker. Basel II is tough and smart bankers are not naive. Creditworthiness is the key to liquidity! Otherwise, the dream of investment-led funding is shattered. Es ist kein Geheimnis, sobald sich internationale Finanzkrisen anbahnen, brechen für Unternehmen harte Zeiten an. Geldinstitute sind in Aufruhr. […]

Company pension scheme: Early termination of insurance contracts in the event of a change of employer

By Dr. Johannes Fiala and Thomas Keppel Reader A. S. asks: In the July 2007 issue of BC, I read with great interest the article on occupational pension provision and the employer’s obligation to offset losses in the case of deferred compensation. Subsequently, I invited our insurance agent for a discussion. He informed me, among […]

Company pension scheme: Early termination of insurance contracts in the event of a change of employer

Reader A. S. asks: In the BC July 2007 issue, I read with great interest the article on occupational pensions and the employer’s obligation to offset losses in the case of deferred compensation. Following this, I invited our insurance agent to come in for a chat. He informed me inter alia: In the example case […]

BAV-DOKTOR

Do you want to create or restructure a pension commitment? Independent consultants accompany you from the idea to the realisation – competently and seriously. On the one hand, we offer objective assistance in the legal and economic restructuring of pension commitments as well as in the preparation of new pension commitments. On the other hand, […]

Company pension scheme: Employer’s obligation to offset losses in the case of deferred compensation

By Dr. Johannes Fiala and Thomas Keppel In the case of occupational pension schemes with deferred compensation, in the first contribution years the insurance company usually offsets the acquisition costs (e.g. brokerage commissions) against the premiums paid in. According to a recent ruling by the Munich Regional Labor Court (Landesarbeitsgericht – LAG), such agreements are […]