Tax-neutral settlement of pension commitments in combination with an own charitable trust foundation

*by Dr. Johannes Fiala, lawyer (Munich), mediator (Univ.), MBA Financial Services (Univ.Wales), MM (Univ.), certified financial and investment advisor (A.F.A.), lecturer for civil and insurance law (BA Heidenheim, Univ. of Cooperative Education), banker (www.fiala.de) and Andreas M. Bosl, management consultant (Pöcking/Starnberg) Managing Director of Mittelstands- Strategie-Beratung GmbH and owner of MBD Mittelstands-Beratungs-Dienst e.K. (www.mbdbav. de) […]

Liability trap: occupational pension reinsurance with closed participations

*by Dr. Johannes Fiala, Lawyer (Munich), Mediator (Univ.), MBA Financial Services (Univ.Wales), MM (Univ.), Certified Financial and Investment Advisor (A.F.A.), EC Expert (C.I.F.E.), Lecturer in Civil and Insurance Law (Univ. of Cooperative Education), Banker (www.fiala.de) What some people pretend to themselves, that no one imitates them so quickly. (Gerd Uhlenbrock) Both in the company pension […]

Company pension scheme: Valuation of pension provisions ? Auditors sound the alarm

by Johannes Fiala, Lawyer (Munich), M.B.A. (Univ.Wales), M.M. (Univ.), Certified Financial and Investment Advisor (A.F.A.), EC Expert (C.I.F.E.), Banker (www.fiala.de) IDW criticises unrealistic balance sheet approach The renowned Institute of Auditors (IDW) puts it in a nutshell in its press release of 16.01.2006: ?deficits in the current regulations ? The fiscal default of 6% leads […]

bAV: Total loss, social welfare and old-age poverty instead of ?life insurance with pension commitment?

by Johannes Fiala, Lawyer (Munich), M.B.A. (Univ.Wales), M.M. (Univ.), Certified Financial and Investment Advisor (A.F.A.), EC Expert (C.I.F.E.), Banker (www.fiala.de) In the beginning there is often a tax saving model: For the family business, which is usually run as a GmbH (limited liability company), the company pension scheme (bAV), for example as a pension commitment, […]

bAV: The obligation to convert remuneration in accordance with § 1 of the German Company Pension Act (BetrAVG) – a liability trap with a possible insolvency risk

*by Ralph C. Kiening (Bamberg), corporate consultant-bAV (www.betriebsrentenkasse.de) and Johannes Fiala (Munich), lawyer (www.fiala.de) Old-age poverty preprogrammed? A recent study by the German Institute for Retirement Provision (DIA) reveals that the statutory pension is no longer sufficient. However, almost 60 percent of all households do not provide sufficiently for their old age. Almost one third […]

bAV: Valuation of pension provisions – auditors sound the alarm

IDW criticizes unrealistic balance sheet approach The renowned Institut der Wirtschaftsprüfer (IDW) puts it in a nutshell in its press release of 16.01.2006:   “Deficiencies in the current regulations – The tax requirement of 6% thus results in a provisioning approach that is too low. Similarly, Section 6a of the Income Tax Act prohibits the […]