It is common practice for credit institutions of all kinds and independent advisors to sell “private financial planning” to their clients. This may well cost a few thousand euros in fees – only for the time being, because the damage done in the process is often up to more than six figures. Bank(st)ers let it […]
Artikel zum Thema: Tax exemption
Legal and illegal tax evasion for ordinary earners and the middle class?
Ways to absolute tax exemption for every federal citizen – or tax evasion deluxe National budgetary law is considered the supreme discipline of parliaments. Already in the European Community (EC) the design principle applied that the member states compete with each other through national laws on income taxation. This has led to international corporations being […]
Liability for pecuniary loss
The tax advisor is liable to his client if, for example, a fine is imposed on the client due to carelessness (BGH, judgement of 14.11.1996, ref. IX ZR 215/95; BGH, judgement of 15.04.2010, ref. IX ZR 189/09). Compensable damages would also include compensation for deprivation of liberty, the necessary bail and any resulting loss of […]
Self-disclosure versus tax evasion deluxe
At the latest since the Uli Höneß trial one thing is quite clear: A voluntary declaration is not always easy! Who is responsible for a self-disclosure made if it is not complete? Who advises tax evaders anyway? And when does it make sense to make a voluntary declaration? And above all: How does one write […]
“Gang-related fraud” and false advice.
Incomplete voluntary disclosure and the consequences – When tax advisors can be liable under civil and criminal law alongside the tax evader (2) The ongoing discussion about tax evasion and voluntary disclosures in the media and in politics, most recently fuelled by the trial of Uli Hoeneß, also draws attention to the work of […]
Life insurance for financing and in insolvency
Differences in family provision and succession arrangements at home and abroad The Federal Court of Justice (BGH) ruled in its judgment of 27 September 2012 (Case IX ZR 15/12) that the granting of an irrevocable subscription right – solely for the payment of a life insurance policy in the event of death – is […]
Tax liability for gifts – or tax evasion deluxe
Pitfalls for donors, donees and authorities What aspects and what legal situation are there to consider when making gifts? A gift to one’s own child, a parent’s foundation to support daycare facilities or such a facility itself can be an interesting option for tax optimization. In the case of gifts, no one is required […]
SME financing: Infinite liquidity without any loan collateral
The split subscription right: The insurers’ solution for SMEs Mr. C., an insurance broker, appears and presents the entrepreneur with the following model: You won’t get any more money from the bank – from me you will get an infinite amount of liquidity, and this without any credit security whatsoever. Your bank will also […]
Black money and the consequences
Tax evaders face prison sentences starting at 50,000 euros Let’s not kid ourselves: Hunting and guns are popular men’s toys, and that’s where a lot of black money is spent by our customers, because they can’t put it into the regular economic cycle or – far more often – because the wives aren’t allowed to […]
White wash black money
Criminal offers from some financial houses. Why only the voluntary disclosure leads to the goal with assets over 50,000 euros. There was no need for a political verbal attack on black money. This is because the ruling of the Swiss Federal Administrative Court of 5 March 2009 had already made “fi shing expeditions” possible […]