Small or large matrimonial property regime swing for asset protection – absolutely legal design – or tax evasion deluxe?

Small or large matrimonial property regime for asset protection *- concerning the ex-manager of a DAX company, a public prosecutor suspects tax evasion as a result of the use of a matrimonial property regime. The legal counsel of the person concerned will consider filing a criminal complaint for alleged violation of official and service secrets. […]

Valuation of real estate in the estate, in case of donation or inheritance by authorities

Why the objection by a lawyer against the assessment is often worthwhile ?  According to expert experience, the probability that the tax office will overestimate the value of a property from its desk is up to 80%. In individual cases, the value is then overestimated by up to more than 50% from the office. This […]

Property insurance risks

In the light of the judgement of the Federal Court of Justice (BGH) of 22.05.1985   One can debate the issue, hold other legal opinions, or like us here, set a judgment as a reference point. We still consider the judgement to be trend-setting, because it describes the obligations which an insurance intermediary, in this […]

Scrap property judgements of the ECJ (C-299 and C-350) of 25.10.2005*

*by Johannes Fiala, lawyer (Munich), M.B.A. (Univ.Wales), M.M. (Univ.), certified financial and investment advisor (A.F.A.), EC expert (C.I.F.E.), banker The credit institutions are calm, while investor advocates are euphorically talking about a ?breakthrough? The reality looks more modest. The information problem: If an investor compares the comparatively meager interest of safe money plants with the […]

Experts

If you confront a judge with the popular saying “In court and on the high seas only the good Lord knows what happens to you”, the answer will promptly come: “No, no, … before the experts and on the high seas …”. Court-appointed and publicly appointed experts, but also private experts have an important function […]

Finance and risk control

More wealth in a planned and controlled manner The own assets in a planned and future-oriented management as well as value-enhancing and risk-optimized investment requires the highest degree of Knowledge and time. Not everyone who has achieved a certain level of wealth is also a financial or controlling expert , so it is advisable to […]

Liability issues in the tax saving and acquirer model

by Johannes Fiala, MBA/Lawyer Kristina Starck, Munich/Dr. rer pol Klaus Werht, private lecturer at the Department of Economics of the University of Hamburg, damage assessor in Hamburg-Neugraben I. Typical facts The investor is regularly approached by a contact person with the aim of clarifying whether there is a general interest in saving taxes or acquiring […]

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 […]

Liability issues in the tax saving and acquirer model

by Johannes Fiala, lawyer; Kristina Starck, lawyer; Klaus Werht, Dr rer pol Privatdozent at the Department of Economics at the University of Hamburg I. Typical situation The investor is regularly approached by a contact person with the aim of clarifying whether there is a general interest in saving taxes or in acquiring a property with […]

Gift tax and inheritance tax

How to protect your assets from gift tax First of all, it is important to clarify the question of why such a bizarre-sounding tax as the gift tax is actually levied in Germany. The widespread belief that one can freely dispose of one’s own property and private assets, which have already been severely affected by […]