– Why employer time value accounts regularly do not offer insolvency protection – The “Flexi II Act” came into force on 01.09.2009. This was intended to provide employees with better protection against loss in the event of the employer’s insolvency. Today, this proves to be incorrect in at least 98% of the companies. […]
– Why it is mostly evasion of taxes and social security? – The prelude is the questions of the examination service of the German Pension Insurance Association (DRV) on the insolvency protection of time value accounts of managing directors. The main act follows along the lines of the Greek tragedy by the income tax […]
– New BGH ruling: How the insolvency administrator achieves confiscation and immediate realisation The most common form of company pension scheme (bAV) for the managing partners is the pension commitment. A new ruling by the Federal Court of Justice (BGH ruling of 18 July 2013, file no. IX ZR 219/11) opens up further possibilities […]
Private pension provision affects us all While 20 years ago bottle collecting pensioners were a rare sight on Germany’s streets, today they are already part of the everyday street scene. The results of a survey of the Deutsche Bank clearly show that already every second German citizenhas anxiety about this, no longer be able to […]
– How the insurance consultant with a second job may do exactly this and more nevertheless – Insurance brokers as well as insurance consultants are allowed to offer policyholders (VN) in private health insurance (PKV) at the change of tariff according to the new tariff. § Section 204 of the German Insurance Contract Act […]
Auditors of the social security and tax authorities uncover faulty design published in BC 03/2017
Time value accounts (ZWK) are used to shift social insurance and payroll tax contributions into the future. Such ZWK arrangements are not recognised for tax purposes in the case of members of the management boards of public limited companies and managing directors of private limited companies, as the Federal Minister of Finance clarified (letter dated […]
The entrepreneurial obligation to introduce a company pension scheme (bAV) in accordance with the Company Pensions Act since 01.01.2001 The legal invalidity of the commitments and the potential risk of criminal liability of the management in the event of the use of zillmerized tariffs “Any cooperation is difficult as long as people are indifferent […]
Financial product distributors are increasingly promoting working time accounts and the models of partial retirement. The financial intermediaries are mostly concerned with commissions: Few brokers are aware of the civil and criminal liability risks. A time value account is not an implementation method of the company pension scheme. Rather, it is a matter of a […]
The basic provisions granted by the legislator as a protective shield for old-age provision are not comprehensive. The approach of professional asset protection starts with the consideration of an early division of assets. By separating the professional risks within the framework of a corporation from the private assets, a liability block is created quite legally. […]
