Company pension scheme: Increase in risk due to maximum advertising promises by providers

– Employer liability for defined benefit plans, defined contribution plans, defined contribution plans with minimum benefit –   Using sample calculations for illustration, employers and employees are usually promised exaggerated pensions and increases in the value of occupational pensions (bAV). The external providers of occupational pensions (insurers, Pensionskassen, pension funds) are the most closely monitored […]

More favourable occupational pensions without the Occupational Pensions Act (BetrAVG)

– How employers can free themselves from the constraining corset of the BetrAVG – Employers who want to set up company pensions look at the Company Pensions Act (Betriebsrentengesetz), or more precisely the Occupational Pensions Act (Betriebliches Altersversorgungsgesetz – BetrAVG). However, structuring a company pension in accordance with the BetrAVG usually suits neither the employer’s […]

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: BGH grants garnishment protection below the level of social welfare assistance

– What monthly pension the law protects the self-employed from foreclosure -.   Since 2007, the legislator has for the first time allowed the self-employed to build up assets of up to 238,000 euros with insurance companies, protected from seizure, for old-age provision. However, the full payment of 20,000 euros, which is deductible for tax […]

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 […]