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Press Releases from Lawyer Alexander von Engelhardt (30 total)

Child Benefits with Foreign Residence but with Domestic Income

Does a taxpayer residing abroad earning domestic income from business operations or from renting and leasing a domestic property entitle him to receive child benefits?

Deriving Freedom of Movement from one’s Child

When is the non-European parent of a child having European citizenship entitled to enjoy the freedom of movement? Does the child have to live in

Naturalization Despite of Insufficient German Language Skills

How good does your German have to be when applying for naturalization? For nobody can seriously expect that you talk like Otto in his notorious

DIRECTOR’S COMPETITION BAN IN THE INSOLVENCY OF THE COMPANY

Does the opening of insolvency proceedings of a company not also trigger a director’s contractual competition ban? OLG Rostock decided on a case where the

Online Event Virtual Lunch & Learn: How to open a company in Germany — especia …

Save the Date! Friday 7 May 12 p.m. CEST Do you want to incorporate as a foreigner in Germany? After weighing the pros and cons and deciding to

Income Accrual to Salary Conversion for Early Retirement

Are payments into an account in the form of credit to finance early retirement considered receiving payment of a salary, and thus subject to taxation?

May Tax Offices Collect 6% Interest for Late Payments

The 0% interest policy of the European Central Bank and German tax offices can still demand 6% default interest for late payments. How can this

Speculation Tax when Selling Self-Used Home

Is the surplus of the sales price over the costs for a self-used condominium subject to “speculation tax”? Speculation tax is the colloquial name of

Brexit and Immigration Germany - 2nd UPDATE

The people's voice in majority said "out". So be it; this is nothing but a democratic decision. It is also normal, that people cry out

Input Tax for Companies with Virtual Offices

For ages, international investors were troubled with input tax doubts from their local tax office because the office did not want to accept companies having

Ground Rules for Bargain Hunters around the Holidays Season

Christmas and Chanukah are coming closer every minute. Many of you will surely be hunting for presents up to the very last second. What precautions

Short-term Cancellations for Christmas Party – Burden for Celebrating Colleagu …

Sometimes colleagues can spoil one’s day, this can be even more bitter when fellow workers do not show up on short notice for company events

Legal Hints for Christmas Shopping

As Christmas time is coming, so is the unwrapping on Xmas Day as well. Cope with the fact, that many Germans will shake their heads

Temporary Work Permit

While recruiting, i.e. matchmaking between employer and employee, is not subject to restrictions, temporary work employers needs to apply for a permit (§1 I 1AÜG). Until

Tiny Candle – Great Damages – No Liability

In these dark days of winter, candle light raises spirits and with a good red wine and the right company… This will come to an

Brexit and Immigration Germany - UPDATE

The people's voice in majority said "out". So be it; this is nothing but a democratic decision. It is also normal, that people cry out

Defense Against Denial of Input Tax During Audit

This article is less about a single precedent and more a practical hint for businesspersons on how to effectively defend yourself when, during an audit,

Salary in Money ./. Salary in Kind

The question whether a pecuniary reward is a payment in kind or a payment in money is relevant to §8 II cl. 11 EStG. This

Are Startup Grants from EXIST-Program Business Income?

FG Münster had to decide a dispute between the tax office and a startup on April 13, 2018 (re 14 K 3906/14 F). The greedy

Drug Trafficker no Entry in spite of Daughter in Germany

Is it a violation of human rights when a drug trafficker is refused a residence permit in Germany? The European Court of Justice clarified the

Co-heir Means Co-debtor in Taxation – Even if Unaware

The Federal Tax Court had to decide on August 29, 2017 (re VIII R 32/15) on a dispute among heirs of a large estate where

EU States Responsible for Protection Against Deportation for Citizens of Other M …

An Italian complained to the ECJ that Germany incorrectly extradited him to the United States. The ECJ decided this case in its judgment of April

Permanent Residency in Spite of Debts

Can an applicant be eligible for permanent residency when he has serious debts and is paying them off as agreed? VG Berlin decided this dispute

Minor Can Loose German Citizenship Due to Sham Parentage

Can a toddler lose his or her German nationality without fault just because its mother could not make up her mind who the father was?

Are Sick Payments for Housekeepers Subject to Progression in Taxation?

The BFH decided on June 17, 2005 (published on September 7, 2005) on the question VI R 109/00 if the received household benefits from your

Deductibility of Self-Paid Health Costs as Insurance Costs

The privately insured tax payer Tommy came up with a witty idea. His health insurance offered him to reimburse him with a certain amount of

Home Office – Which Spouse can Deduct?

Is it possible for two tax payers living together to share not only an apartment and not only the joint home office but also deduct

Loans Amongst Close Relatives

Trusting family members is as normal as can be. Therefore, it is usual that dealing with them is not as formal as it would be

Parental Benefits (Elterngeld) Reduces Private Deductibles

Paying alimony and support can be conceptually deducted as extra ordinary expenses. As the law determines, the deductible amount of alimony and / or support

D&O Coverage for Incorrect Payments During Bankruptcy

Berlin 09.10.2018 A D&O insurance policy covers the risk for financial damages for the insured director or executive staff member. Does it also cover damages

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