Pension commitment and insolvency

Insolvency application risk for pension commitments The so-called pension commitment or direct commitment is a common and extremely popular pension provision concept for managing directors, especially in medium-sized companies. Thousands of times thought of as a retirement provision for leading employees, this “tax savings model” was gladly recommended by tax consultants all over Germany and […]

Federal Court of Justice (BGH): No protection against access by the insolvency administrator in the case of pension commitments

– Why up to more than 95% of managing partners lose their pension- A new ruling by the Federal Court of Justice (BGH) dated 1 April 2013 (ref. IX ZR 176/76) shows that managing partners and controlling directors often face the complete or predominant loss of their pension as a retirement benefit despite “pledging the […]

Company pension scheme: Termination, nullity and compensation of pension commitments

– How to exit from unprofitable contracts with a low tax burden -.   Contrary to claims to the contrary, the assets saved in the company pension scheme (bAV) can, as a rule, be dissolved prematurely. This applies both to the occupational pension scheme of normal employees and to managing directors and board members – […]

How half-baked company pension commitments can be interpreted by the courts

The Federal Labor Court (BAG, ruling dated February 21, 2017, file no. 3 AZR 297/15) dismissed an employee’s action seeking to establish that his current wife is entitled to a widow’s pension from his company pension commitment. The employee had remarried at the end of the employment relationship. The future widow goes away empty-handed – […]

Tax-optimised compensation of pension commitments through a well thought-out spin-off from the GmbH

The pension promise as a tax trap?   The advantages of a pension commitment are sufficiently known to every tax consultant and GmbH controlling shareholder-managing director. Tax advisors have also recommended this pension plan to their clients in order to reduce taxes and increase liquidity in the company.   However, experts estimate that over 90% […]

Insurance fraud in connection with partial retirement, working time accounts and pension commitments via double trust (CTA)

Total loss in the case of partial retirement, working time accounts and pension commitments How directors, other officers, or self-employed agents completely lose their retirement benefits due to ineffective trust models.   The business model of renowned corporate consultants for occupational pension schemes (bAV) includes the provision of the reinsurance assets by means of a […]

Pension commitment not a substitute for missing occupational disability pension

Pension commitment no substitute for missing occupational disability pension Andreas Bosl, owner of the company MBD Mittelstands-Beratungs-Dienst e.K., Management consultancy in Pöcking, www.mbd-bav.de Dr. Johannes Fiala, lawyer (Munich), mediator (Univ.), MBA Financial Services (Univ.Wales), MM (Univ.), certified financial and investment advisor (A.F.A.), EC expert (C.I.F.E.), lecturer (Univ. of Cooperative Education), banker (www.fiala.de) At present, typical […]

Tax trap pension commitment

| Pension plan | The pension plan concept of the pension commitment has been recommended by many tax advisors in order to reduce taxes and increase liquidity in the company. However, this commitment can lead to coverage gaps in the company. Experts estimate that more than 90 percent of all GmbH managing directors have been […]