Occupational pension scheme: Employer liable in the event of incorrect advice

von Johannes Fiala is a lawyer (Munich), MBA Financial Services (Univ.Wales), MM (Univ.), certified financial and investment advisor (A.F.A.) and banker. Contact and more information at [2] www.fiala.de. Dipl.-Math. Peter A. Schramm is actuary DAV (Diethardt) and actuarial expert. Contact and further information at www.pkv-gutachter.de Employers and their associations are not yet sufficiently aware that […]

Occupational pension schemes: Legal framework for fee-based advice*.

*by Johannes Fiala (Munich), Attorney at Law (www.fiala.de), and Peter A. Schramm (Diethardt), Actuarial Expert (www.pkv-gutachter.de). Why fee-based consulting in occupational pension schemes? In occupational pension schemes, including e.g. the working time account (ZWK), the employer is subject to numerous possibilities of liability. These include, for example, the “Zillmerungshaf-tung”, the “Ausfallhaftung” as well as the […]

Company pension schemes, social security clearing, tax saving schemes: Liability brake by checking the permissibility of tax and legal advice !

Es ist verrückt, die Dinge immer gleich zu machen und dabei auf andere Ergebnisse zu hoffen. (Albert Einstein) In den letzten Jahren haben der Bundesgerichtshof (BGH) und das Bundesverfassungsgericht (BVerfG) die Rechtsberatung massiv liberalisiert. Der Gesetzgeber plant weitere Erleichterungen auf Wunsch der Wirtschaft, durch das neue Rechtsdienstleistungsgesetz (RDG). Für Finanzdienstleister ergeben sich dadurch neue Märkte: […]

Occupational pension schemes: Advice protocols and products put to the test

*by Peter F. Then, insurance broker (Veitshöchheim), lawyer (www.then-finanz.de) and Johannes Fiala, lawyer (Munich), banker (www.fiala.de ) The information problem: An agent writes ‘I personally have no problem with broker liability. I am largely responsible for my own actions. Only that I should take over the liability for the mistakes of my suppliers does not […]

Pension taxation

A life for the treasury It’s finally here, the well-deserved pension, the much longed-for retirement, the end of all obligations, finally never having to pay taxes again. Well, not quite. The taxation of earned income is naturally followed by the taxation of pensions, or as Father State calls it, the taxation of retirement income. For […]

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 […]

Choice of law and advantages of European life, pensions and health insurance

– Opportunities and risks for policyholders and their insurance brokers –   Foreign insurance companies, especially those from the European Economic Area (EEA) and the European Union (EU), are increasingly competing with domestic suppliers. For insurance intermediaries and insurance customers, this creates risks, but also opportunities.   Regular notification procedure EEA and EU insurers must […]

Doubling of the tax burden due to private and occupational pensions

– When Social security and tax administration charge the citizen twice ? – The Regional Social Court of Rhineland-Palatinate (LSG Rheinland-Pfalz, judgement of 03.12.2015, ref. L 5 KR 84/15) ruled that when reinvesting the capital benefit of a company direct insurance by purchasing a private immediate annuity, compulsory contributions to the statutory health (GKV) and […]

Company pension scheme (bAV): Mostly no simplified accounting for micro companies (GmbH, AG, GmbH & Co. KG)

– Why setting up a bAV blocks the way to balance sheet simplification -.   Following the Bundestag, on 14 December 2012 the Bundesrat also approved the draft bill on the Small Capital Companies Accounting Law Amendment Act (Kleinstkapitalgesellschaften-Bilanzrechtsänderungsgesetz). (MicroBilG) was approved. The promised EReduction in the costs of accounting for micro-corporations (GmbH, AG, GmbH […]

German statutory pension insurance and private foreign pension insurance for self-employed persons

– Why there are hardly any recommendable domestic products left for insurance intermediaries – The group of self-employed consists of about 1.2 million freelancers and about 3.0 million tradesmen. The freelancers are predominantly Compulsory members of one of the more than 90 pension funds or pension chambers. There, however, funded savings are proving to be […]