Press Release Archive

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Press Releases from Lawyer Alexander von Engelhardt: (25 total)

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27.03.19 - Lawyer Alexander von Engelhardt

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? Does this also apply to external directors? The F... mehr

20.03.19 - Lawyer Alexander von Engelhardt

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 be? Is that not a crying injustice? The authorities coll... mehr

13.03.19 - Lawyer Alexander von Engelhardt

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 the income tax burden accrued when selling real... mehr

22.02.19 - Lawyer Alexander von Engelhardt

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 loud if their opinion is not followed. How will this effect Brits... mehr

09.01.19 - Lawyer Alexander von Engelhardt

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 only a virtual office. Complaints have reac... mehr

17.12.18 - Lawyer Alexander von Engelhardt

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 can you take when you wish to exchange the goodies b... mehr

13.12.18 - Lawyer Alexander von Engelhardt

Short-term Cancellations for Christmas Party – Burden for Celebrating Colleagues

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 (here: Christmas party). In this case, the tax office wan... mehr

11.12.18 - Lawyer Alexander von Engelhardt

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 in pity that you, though you consider it to be normal, always presen... mehr

05.12.18 - Lawyer Alexander von Engelhardt

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 your company has this permi... mehr

03.12.18 - Lawyer Alexander von Engelhardt

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 abrupt end, when a tiny flame ignites a huge fire. The mere fact of ign... mehr

28.11.18 - Lawyer Alexander von Engelhardt

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 loud if their opinion is not followed. How will this effect Brits... mehr

22.11.18 - Lawyer Alexander von Engelhardt

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, the tax office starts denying VAT deductions. ... mehr

20.11.18 - Lawyer Alexander von Engelhardt

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 directly relates to whether a payment can be tax exempt or not. In the case 1... mehr

16.11.18 - Lawyer Alexander von Engelhardt

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 tax office wanted to classify a grant as taxable income while the founders we... mehr

13.11.18 - Lawyer Alexander von Engelhardt

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 denial of a Nigerian’s application to live in Germany w... mehr

12.11.18 - Lawyer Alexander von Engelhardt

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 everyone played a different role when it came to avoiding / creating tax liabi... mehr

06.11.18 - Lawyer Alexander von Engelhardt

EU States Responsible for Protection Against Deportation for Citizens of Other Member States

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 10, 2018 (re C-191/16). The question before the court ... mehr

01.11.18 - Lawyer Alexander von Engelhardt

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 between immigration in Berlin and an applicant on Januar... mehr

30.10.18 - Lawyer Alexander von Engelhardt

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? BVerwG answered this question on April 19, 2018 (re BVerwG 1 C 1.1... mehr

26.10.18 - Lawyer Alexander von Engelhardt

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 health insurance company following an accident are subject to... mehr

22.10.18 - Lawyer Alexander von Engelhardt

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 his premiums if he would bear some health costs out of his o... mehr

18.10.18 - Lawyer Alexander von Engelhardt

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 these costs from their income to save taxes? Jack works as an emplo... mehr

16.10.18 - Lawyer Alexander von Engelhardt

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 among strangers. But what happens when you miss a required formality in ta... mehr

11.10.18 - Lawyer Alexander von Engelhardt

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 will be reduced by the amount the beneficia... mehr

09.10.18 - Lawyer Alexander von Engelhardt

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 for a director’s incorrect payment durin... mehr

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