No insurer offers cover for foreseeable burning houses

In its ruling of 4 July 2018, the Federal Court of Justice (BGH, Ref. IV ZR 200/16) ruled „The so-called pre-enforcement clause in § 4 (4) (a) of the German Commercial Code 3 letter a) of the General Conditions for Legal Expenses Insurance (ARB 2008) is not transparent.“, and therefore invalid, § 307 I 2 […]

Is compensation for damages tax-free?

Household management damage, mobbing damage and maintenance: When benefits are tax-free – something often overlooked by consultants.   Anyone who is reduced in earning capacity as a result of a third-party-induced damage to health receives compensation for this, which is taxable as it replaces earned income. However, for the reduced ability to carry out unpaid […]

Alternatives to wage compensation: damage to housekeeping, mobbing and maintenance

When are services tax-free and often overlooked by consultants ? Anyone who is reduced in earning capacity as a result of a third-party-induced damage to health receives compensation for this, which is taxable as it replaces earned income. However, for the reduced ability to carry out unpaid household work, he receives a tax-exempt loss of […]

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. […]

Invalidity of contracts, confiscation of assets and arrest in case of breach of penalties

Sanctions have been in fashion for centuries, and are being broken. The widow Barbe-Nicole Clicquot-Ponsardin, in reaction to Napoleon’s Russian campaign, was concerned with the embargo imposed by the Russian Tsar on French products in 1812. The widow hired a Dutch ship, had it loaded with over 10,000 bottles of the 1811 vintage, and was […]

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 […]

Permits for guardianship of minors, care and administration of the estate

Permits for guardianship of minors, care and administration of the estate Introduction A legal guardian can be appointed for an adult: Legal guardianship leads to legal guardianship, § 1902. The guardianship court may appoint a voluntary guardian (lay guardian) or a professional guardian. The appointment of a suitable volunteer supervisor is a priority. The volunteer […]

Attorney-client privilege or tax liability

“Don’t go to the prince before you are summoned,” says attorney Rüstig, until suddenly his first liability notice is delivered to him personally.   He had been obedient since 1.1. In 1993, he complied with the Interest Discount Act (“ZaSt “er!) by distributing the interest income from escrow accounts among his clients and then certifying […]

Life insurance in Liechtenstein: Asset protection with total default risks

“If you have faith, it’s all over.” (Stanislav Lec, Polish poet)   Asset protection is the separation of business and private risks or assets, including the integration of insurance protection. Risks to private assets stem primarily from the business sector (e.g. liability for break-through) or from financing, but also from separation/divorce or legal disputes.   […]

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 […]