Credit-financed junk real estates: New judgement of the Federal High Court (BGH) ? a slap for the European Court of Justice (EuGH) and the capital investors ? *

*by Johannes Fiala, lawyer (Munich), MBA Financial Services (Univ.Wales), MM (Univ.), certified financial and investment advisor (A.F.A.), banker (www.fiala.de) Tax savings for every German citizen: For many decades, the state has promoted so-called “tax-saving models” – in reality, these were often only ways of shifting taxes into the future. Resourceful initiators then sold or brokered […]

bAV: Liability bomb instead of insolvency protection: working time account (ZWK)

by lawyer, banker Rüdiger Wilhem Lohkamp and lawyer, banker Johannes Fiala ? Law firm Fiala, Freiesleben & Weber ? RA, PA, StB & WP (Munich), www.fiala.de Plausibility check: mediator’s duty also at the customer’s front: The Federal Supreme Court clarified among other things in its judgement of 13.01.2000, NJW-RR 1993, 1114 that a mediator ?regardless […]

Inheritance and pension law: Your lawyer for competent advice in Munich

Inheritance law: Advice and support on inheritance The subject of inheritance and bequeathing is as old as mankind itself and the subject Erbrecht is an extremely sensitive and complex area. Only a few people deal extensively with the subject of bequests during their lifetime and often leave their heirs more trouble than assets. Everybody knows […]

Munich law firm:

Your law firm in Munich Dear visitors, I am pleased to welcome you to my website and would like to take this opportunity to introduce myself and my office in beautiful Nymphenburg in Munich and to present our range of expertise to you in a transparent manner. For more than 25 years I have been […]

Legal and illegal tax evasion for ordinary earners and the middle class?

Ways to absolute tax exemption for every federal citizen – or tax evasion deluxe National budgetary law is considered the supreme discipline of parliaments. Already in the European Community (EC) the design principle applied that the member states compete with each other through national laws on income taxation. This has led to international corporations being […]

Tax liability for gifts – or tax evasion deluxe

Pitfalls for donors, donees and authorities   What aspects and what legal situation are there to consider when making gifts? A gift to one’s own child, a parent’s foundation to support daycare facilities or such a facility itself can be an interesting option for tax optimization. In the case of gifts, no one is required […]

Pitfalls for donors, donees and authorities

In the case of gifts, no one is required to submit a tax return as long as no request has been made by the tax authorities. However, the donor and the acquirer are obliged to notify the tax office of the gift, § 30 of the German Inheritance Tax Act (Erbschaftsteuergesetz, ErbStG). Even if you […]

Scrap real estate: Banks liable for structural sales victims

BGH ruling confirms liability of banks and building societies A new ruling of the Federal Court of Justice (BGH ruling of 29.06.2010, Ref. XI ZR 104/08) obliges banks and building societies to provide unsolicited information to the borrower if a fraudulent deception of the buyer about the amount of the brokerage commission is apparent. If […]

Junk real estate: BGH facilitates the reversal of overpriced investments

Banks liable for structural sales victims of the building society trap   BGH ruling confirms liability of banks and building societies A new decision of the Federal Court of Justice (BGH ruling of 29.06.2010, Ref. XI ZR 104/08) obliges banks and building societies to provide unsolicited information to the borrower if a fraudulent deception of […]

Tax and liquidity gifts for medium-sized companies

On 1 January 2007, the new capital adequacy guidelines for banks and investment firms, Basel II for short, will come into force.   For many entrepreneurs it is therefore high time to deal with it, because with Basell II creditworthiness and liquidity are becoming more and more important for bank customers. When it comes to […]