Conduct in Tax Criminal Proceedings
In case of suspicion of tax evasion, a tax criminal proceeding is initiated. In the end, fines and imprisonment can result. Legal representation is therefore highly recommended. There can be various triggers for initiating a tax criminal proceeding. For example, the results of a tax audit can lead the tax authorities on the trail, or […]
Unclear Source of Funds Does Not Automatically Lead to Additions
Concealed cash contributions with unclear origin do not automatically lead to additional assessments of business income. This was decided by the FG Münster in a ruling dated May 18, 2022 (Ref.: 10 K 261/17 K, U). If the taxation bases cannot be determined during an audit, the tax authority may make additional assessments. However, such […]
Losses from Knock-out Certificates Tax Deductible
Knock-out certificates are not futures transactions and losses from knock-out certificates are fully deductible for tax purposes. The Federal Fiscal Court (BFH) decided this in its ruling of December 8, 2021 (Case No.: I R 24/19). Losses from futures transactions are fundamentally subject to a prohibition on offsetting and deduction according to § 15 Paragraph […]
Tax Evasion Can Be Punished Severely
The accusation of a tax offense can have serious consequences. In case of a conviction, fines or imprisonment of up to 5 years may be imposed, in particularly severe cases up to 10 years. Tax criminal law imposes severe sanctions for a tax offense. According to the Fiscal Code (AO), tax evasion can lead to […]
Prudent Litigation Increases Chances of Success
Those who want to enforce their rights should not shy away from going to court. The more foresighted the litigation is, the better the chances of success. Litigation management is one of our core competencies. However, before going to court, we also examine alternative solutions, because in many cases it is not necessary to seek […]
Optimally Structuring Business Succession
Succession planning presents a challenge for many medium-sized companies. According to a KfW study, approximately 465,000 medium-sized companies will face business closure by 2025. The reasons for the impending business closures by the end of 2025 vary. According to the KfW study, around 266,000 owners plan to close their businesses without seeking a succession solution. […]
Renewed Signature Does Not Make Revoked Will Effective Again
If a will has been effectively revoked, it does not become valid again simply by the testator re-signing their last will. This has been decided by the Higher Regional Court of Munich. With a will, the testator can determine who should inherit, deviating from the statutory succession. Circumstances may arise that make the testator reconsider […]
Divorce Settlement Agreement Avoids Lengthy Disputes
The divorce of a marriage entails legal consequences. Besides the child’s welfare, it is predominantly about finances. A divorce settlement agreement can help avoid disputes. To the emotional burden of a divorce, lengthy legal disputes often add. In addition to custody or visitation rights, it regularly involves the division of the couple’s assets, equalization of […]
False Information – Voluntary Disclosure for Tax Evasion Failed
The voluntary disclosure is a way to return to tax legality without penalty. However, this is only successful if the requirements for the voluntary disclosure are met. Tax evasion can be harshly sanctioned, and tax offenders face heavy fines or even imprisonment. With the penalty-free voluntary disclosure, tax offenders still have the opportunity to return […]
M&A – Transactions in the SME Sector
Current developments such as the Ukraine war and the associated rising energy prices are leading, according to a survey, to increased willingness to sell among medium-sized businesses. One crisis follows another and affects many medium-sized companies. In addition to the impacts of the Corona pandemic, the energy prices sharply increased by the Ukraine war are […]
International Procedural Law Continues to Gain Importance
In private and business life, cross-border contacts and relationships are commonplace. When legal disputes arise, international procedural law plays an important role. Which international court is responsible for clarifying disputes is regulated in international civil procedure law. Various EU regulations have increasingly standardized international civil procedure law. In cross-border business relationships, business partners also have […]
Make Important Provisions in the Marriage Contract
In a prenuptial agreement, many important points such as gain compensation, pension rights adjustment, or post-marital maintenance can be proactively clarified. This prevents disputes in the event of a divorce. The prenuptial agreement is often a sensitive topic in many relationships, and many happy couples see it as a clear sign of distrust. However, this […]
Inheritance law in cross-border succession cases
Within the European Union, the EU Succession Regulation governs which national law applies in cases of inheritance with an international element. With a holiday apartment in Tuscany or a finca in Mallorca, many people fulfill their dream of a sunny residence in old age. However, this can have effects in the event of inheritance. If […]
Family Home – BFH on Exemption from Inheritance Tax
If the heir is unable or unreasonably expected to use the family home for health reasons, he does not lose the exemption from inheritance tax according to the ruling of the BFH. The family home can be inherited tax-free under certain conditions. These conditions include, among others, that the heir uses the family home immediately […]
Inheritance and Legacy Have Different Consequences
Inheritance law distinguishes between inheritance and legacy. A will should be formulated accordingly. Only the heir also becomes the legal successor of the testator. If there is no will or inheritance contract, the statutory succession automatically applies. Anyone who wants to distribute their estate differently can do so in a will. It is important that […]
Data Theft – Compensation for Violation of GDPR
After a data leak, the asset manager Scalable Capital was sentenced by the Munich I Regional Court to pay damages for violating the General Data Protection Regulation – GDPR. Data is a matter of trust, and customers are entitled to appropriate protection. This is especially true when it comes to sensitive personal data. In the […]
Private Clients – Protection of Assets and Business
Private wealth and business assets require special protection. In this context, aspects of inheritance law and family law play a central role among others. Particularly for the self-employed, entrepreneurs, and tradespeople, family disputes can also affect the business and its assets. Inheritance disputes, as well as separations and divorces, can become problematic for one’s own […]
License Agreement for Usage Rights to Software
Whether at home or in the office – many people encounter IT law daily. It involves, among other things, the use of software and the necessary licenses. Anyone wishing to use their computer needs the appropriate software for their requirements. The usage rights for the needed software must be acquired. Anyone using software without the […]
Germany’s Best Lawyers 2022 – Attorney Marc Klaas, MTR Rechtsanwälte
Attorney Marc Klaas, MTR Rechtsanwälte, has once again been included in the Handelsblatt ranking of “Germany’s Best Lawyers” in the field of “Mergers and Acquisitions”. Each year, Handelsblatt, in cooperation with the US publisher Best Lawyers, selects “Germany’s Best Lawyers”. In the 2022 awards as well, Attorney Marc Klaas, MTR Rechtsanwälte, has again made it […]
Federal Court of Justice on Design Protection for Combination Products
The Federal Court of Justice strengthened design protection in so-called combination products with its judgment of March 24, 2022 (Case No.: I ZR 16/21). However, individual components are not worthy of protection. Combination products are considered protective items that, while consisting of several objects, are viewed as a single product according to general traffic perception, […]
