https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2021-11-02 09:31:002021-11-02 09:31:03honert advises DEUBIS Group on the acquisition of ENEXIO Service division
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2021-10-13 08:59:242021-10-13 08:59:28honert advises lead investor Salvia GmbH on investment in ONE Logic
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2021-10-11 09:42:232021-10-11 09:42:27honert advises on the sale of Stefan Wicklein Kunststoffveredelung GmbH to Louvrette GmbH packaging x design
In a more recent decision, the Federal Court of Justice (ruling of 26. January 2021, case no. II ZR 391/18) has once again dealt with the so-called negative legitimation effect of the list of shareholders pursuant to sec. 16 para. 1 sentence 1 GmbHG within a short period of time. According to this, only the person who is entered as a shareholder in the list of shareholders included in the commercial register is deemed to be a shareholder vis-à-vis the GmbH. An exception applies to cases involving the exclusion of the shareholder from the company.
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2021-10-01 08:00:002021-10-05 11:25:04SCOPE OF THE NEGATIVE LEGITIMATION EFFECT OF THE LIST OF SHAREHOLDERS OF A GMBH
As attractive as management participation programs may be as a financial incentive to increase the willingness of executives to provide high performance, a certain dissatisfaction quickly arises due to the uncertain tax consequences. This is because it is often difficult to give a legally sound answer due to difficulties in the qualification of income. The question is whether subsequent income from the sale of the shares constitutes fully taxable income from employment or income from capital investment. In two further decisions, the Federal Fiscal Court (Bundesfinanzhof – BFH) confirms its legal opinion and for the first time also comments on so-called sweet equity structures.
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2021-10-01 07:40:002021-10-01 10:28:39BFH COMMENTS AGAIN ON THE TAXATION OF MANAGEMENT PARTICIPATION PROGRAMS
Commercial partnerships now have the option of having profits taxed in accordance with the provisions of corporate income tax law. This puts them on an equal level with a GmbH or AG. This so-called option is useful, among other things, if the company’s profits are not to be distributed. On the other hand, the conversion entails a large number of requirements and obligations and also requires precise planning from an entrepreneurial perspective.
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2021-10-01 07:30:002021-10-01 10:16:41TAXING A PARTNERSHIP LIKE A CORPORATION – REASONABLE OR NOT?
honert advises DEUBIS Group on the acquisition of ENEXIO Service division
/in Deal Announcements/by Ester Hahnhonert advises lead investor Salvia GmbH on investment in ONE Logic
/in Deal Announcements/by Ester Hahnhonert advises on the sale of Stefan Wicklein Kunststoffveredelung GmbH to Louvrette GmbH packaging x design
/in Deal Announcements/by Ester HahnSCOPE OF THE NEGATIVE LEGITIMATION EFFECT OF THE LIST OF SHAREHOLDERS OF A GMBH
/in 2021 Q3/by Ester HahnIn a more recent decision, the Federal Court of Justice (ruling of 26. January 2021, case no. II ZR 391/18) has once again dealt with the so-called negative legitimation effect of the list of shareholders pursuant to sec. 16 para. 1 sentence 1 GmbHG within a short period of time. According to this, only the person who is entered as a shareholder in the list of shareholders included in the commercial register is deemed to be a shareholder vis-à-vis the GmbH. An exception applies to cases involving the exclusion of the shareholder from the company.
BFH COMMENTS AGAIN ON THE TAXATION OF MANAGEMENT PARTICIPATION PROGRAMS
/in 2021 Q3/by Ester HahnAs attractive as management participation programs may be as a financial incentive to increase the willingness of executives to provide high performance, a certain dissatisfaction quickly arises due to the uncertain tax consequences. This is because it is often difficult to give a legally sound answer due to difficulties in the qualification of income. The question is whether subsequent income from the sale of the shares constitutes fully taxable income from employment or income from capital investment. In two further decisions, the Federal Fiscal Court (Bundesfinanzhof – BFH) confirms its legal opinion and for the first time also comments on so-called sweet equity structures.
TAXING A PARTNERSHIP LIKE A CORPORATION – REASONABLE OR NOT?
/in 2021 Q3/by Ester HahnCommercial partnerships now have the option of having profits taxed in accordance with the provisions of corporate income tax law. This puts them on an equal level with a GmbH or AG. This so-called option is useful, among other things, if the company’s profits are not to be distributed. On the other hand, the conversion entails a large number of requirements and obligations and also requires precise planning from an entrepreneurial perspective.