– When a funded pension would be comparable – The Deutsche Rentenversicherung Bund (DRV) lets its insured know that voluntary contributions in particular lead to an annual pension of 5.18%. In many cases, it is nonsensical to compare returns, as this would require consideration of the increasing payouts, including increasing life expectancy. The answer […]
Artikel zum Thema: Reversal
Variants of immoral insurance contracts
Insurance products supervised by the Federal Financial Supervisory Authority (BaFin) may also be null and void on the grounds of immorality. This then also applies to the contract with consultants and agents. The investor therefore has no claim to be protected from receiving false advice: A release from liability without any financial loss liability (VSH). […]
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 […]
Occupational pension provision: The imperative of equal value – void occupational pension provision?
bAV-Handelsblatt Forum: Invalidity of deferred compensation Dr.Reinecke, chairman of the pension senate at the Federal Labour Court (BAG), has dropped the bomb. Its core statement is that contracts for the implementation of occupational pension schemes can be (partially) null and void. Insurance intermediaries are surprised – have they been brokering ineffective contracts for years? The […]
Discussions on legal protection
Recent insurance cases in legal expenses insurance lead to the question: When is it useful to take out a coverage claim in the event of a refusal of benefits? Insurance companies offer the customer a good feeling until the customer is then faced with a mostly justified refusal of benefits in the event of […]
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 […]
Optimization of pension equalization – even during a current marriage
In the case of direct commitments and support funds, external splitting in accordance with VersAusglG is an option. A transfer to the Deutsche Rentenversicherung is more profitable than a new capital cover. A commitment to the company pension scheme (bAV) increasingly contains a higher pension promise than is paid out. With regard to pension […]
No secure supply
Why Rürup pensions are not protected against insolvency / Neither protected against seizure nor suitable for old-age provision The Rürup pension is a typical tax-saving model. The seller’s trick is often to highlight the tax advantages at the beginning of the contract or in the savings phase, but to completely ignore the later risks […]
Legal protection: When is it worthwhile to take out a cover action?
Insurance companies offer the customer a good feeling until the customer is then faced with a mostly justified refusal of benefits in the event of a claim. The vast majority of intermediaries have hardly any market overview for a comparison of offers at home and abroad – especially not the customer. The broker lets a […]
Commentary: When private and occupational pensions cut provision
Survivors rub their eyes when the survivors’ pension of the German Pension Insurance (DRV) is reduced to zero after three months. Marriages entered into after 2002 or those where both spouses were born after 1962 are affected by this provision. In these cases, 40 percent of the additional net income is offset, i.e. deducted […]