Business closure insurance (BSV) in the Corona crisis

Corona-related plant closures: The insurances When the authorities decided to close the restaurantsat the end of March 2020, many restaurateurs were sure that this would be a clear case for the business closure insurance schemes. Business closure insurance is a catering industry and hotel industry as well as in all food-processing companies or companies operating […]

Insolvency Corona crisis: What you need to know now

The Corona crisis and its immediate effects on the economy While at the end of 2019 the topic of coronavirus or Covid-19 was still perceived in Germany as a purely Chinese “problem”, events in this country overtook each other at the latest with the first appearance of the virus in larger companies such as Webasto […]

How direct insurance policies can be seized by creditors and insolvency administrators

The Federal Court of Justice (BGH, ruling of 24.06.2015, file no. IV ZR 411/13) has already decided that the direct insurance policy of a shareholder-managing director can be seized despite an irrevocable subscription right with reservation of revocation until the so-called vesting with the GmbH, even in the event of his termination due to insolvency. […]

Empty state guarantee: Why the Riester pension is not safe

On Sunday, 05.10.2008, the Chancellor said “We tell savers that their deposits are safe. The federal government is also responsible for this.” – For lack of a legal basis, this is not a declaration of guarantee but, correctly understood, a political declaration of intent. On Sunday, 24.04.2016, a Labour Minister will be quoted as saying […]

No State guarantee

The amount of the levies due when a “Riester pension” is paid seems unclear. Why the capital is not secure with this form of pension. In October 2008 the Chancellor said “We tell savers that their deposits are safe. The federal government also vouches for that.” – Which, for lack of a legal basis, is […]

Is the Riester pension really safe?

If the Federal Council does not yet apply the emergency brake, the Occupational Pensions Reinforcement Act will enter into force on 1 January 2018. In this context, the Riester pension will also be upgraded. During the savings phase, the basic allowance increases from 154 to 175 euros per year. For company Riester pensions, the SV […]

Social partner model for occupational pension schemes – old wine in new bottles

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 the collective bargaining parties as the sponsors of the occupational pension (“Nahles pension”). On the […]

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 […]

How notional payments lead to the tax burden

How are statute-barred loans and gifts treated in tax law and insolvency? In the guest article, Dr. Fiala and Peter Schramm explain how fictitious payments lead to the tax burden.   The Federal Fiscal Court decided in a ruling of 9 February 2015 (file no. I B 32/14) that the statute of limitations for claims […]

bAV: How to optimize taxes and social security contributions

Company pension scheme: Tax burdens and social security contributions play an important role in the settlement of occupational pension entitlements. In the guest article, Dr. Fiala and Peter Schramm show optimisation possibilities. Severance pay for company pension schemes (bAV) as a tax-saving model The State Social Court of Baden-Württemberg (ruling of 24 March 2015, file […]