Or rating liability when applying the capital commitment method? In our analysis of the internal rate of return (IRR) method, we found that the central IRR rate is determined using the discounting method. Here, one looks for the interest rate that makes the balance of the discounted return flows (usually the return flows are positive) […]
Artikel zum Thema: Kapitalanlage
Return knowledge for lawyers
Among lawyers, the old adage still applies: “iudex non calculat”. But a few days ago, an article1 appeared in the business section of the FAZ, which, due to the headline, did not reveal the explosive nature of the author’s comments on the subject of yields. In everyday life we often use terms about whose meaning […]
Employer liability for occupational pensions: Unequal rates for men and women
New ruling of the European Court of Justice (ECJ) The ECJ also obliges employers in occupational pension schemes to use only so-called “unisex tariffs” from 21 December 2012, for example when using direct insurance. Up to now, female employees have received a lower occupational pension than male employees for the same contribution, because men have […]
Money abroad: When world income and world assets are taxable here
Do foreign financial advisors systematically induce tax evasion? Assets abroad – tax liability in Germany If you move your money abroad, for example to an Austrian private foundation or a Liechtenstein family foundation, you can by no means be sure that the world income principle will not force you to declare it in Austria. […]
Investment in tax havens
Check policies on separation The fact that a divorce costs a lot of money is not only due to the court and lawyer fees. What few couples suspect: Insurers are also cashing in. According to the Federation of Insured Persons (BdV), judges have now even allowed companies to collect up to 500 euros if, for […]
Revocation of credit-financed investments
New ruling of the Federal Court of Justice facilitates the release from loan debts It is part of everyday life at credit institutions to enable customers to make larger investments by providing them with a large part of the money required for an investment in the form of a loan. As a rule, these are […]
Unisex changeover 2013 – note new tariffs with immediate effect
Through the Occupational Pensions Act, the legislator has imposed an additional task on employers “as disinterested investment managers” of their employees and also holds them liable for this. The authors explain what employers, but also consultants involved in the human resources area of companies, must observe from 2012 in order to comply with the legislator’s […]
The tax consultant as a financial advisor – (k)a competition for financial service providers?
Time and again, tax advisors and lawyers try their hand at “investment advice” – occasionally not only for a fee but also for commission if the investment is successful. Conversely, insurance companies (e.g. when setting up a company pension scheme) and banks (e.g. for financial advice and succession planning) are increasingly offering the customer a […]
How credit institutions and asset managers deliberately, illegally and criminally double-cash
Fraud or embezzlement? In its ruling of 16.03.2011 (Ref. 9 U 129/10), the Higher Regional Court of Stuttgart very clearly points out that employees and board members can be guilty of breach of trust or fraud if they withhold kickbacks, retrocessions or refunds from their own customers. The court clarified that it is the task […]
Scrap real estate: Banks liable for structural sales victims
BGH ruling confirms liability of banks and building societies A new ruling of the Federal Court of Justice (BGH ruling of 29.06.2010, Ref. XI ZR 104/08) obliges banks and building societies to provide unsolicited information to the borrower if a fraudulent deception of the buyer about the amount of the brokerage commission is apparent. If […]