Does it make sense to combine a salary and pension together?

A pension payment to a company owner who is also a director and receives a salary can be tax ambiguous. Following the previous ruling of the Federal Finance Commission (BFC), such a parallel payment would result in a concealed payout Geschäftsführer Gehalt

A hidden profit distribution is based on BFH “Fremd Vergleich”. As a result, an honest and diligent business leader would think the pension is mostly used to meet the general needs. Insoweit, Auszahlungen are only considered with the end of ongoing benefits from the employment relationship with the company.

In tax terms, pensions do not reduce GGF-Tatigkeit

However, the BFH-Rechtsprechung does not mean that the reference to pension benefits for taxable purposes would not result in continued business activities as a business leader. In addition, it is necessary to determine whether the impacted business owner receives compensation if he serves as a business owner. Vergütung in relation to pension benefits. In addition, it is necessary to determine whether the impacted business owner receives compensation if he serves as a business owner. Vergütung in relation to pension benefits. Additionally, it needs to be determined whether or not the impacted business owner receives compensation for serving as a business owner. Compensation for pension benefits should not pose a problem. The company’s director carries out his duties as a director unhindered by his position in the company as a manager. A (legal) service relationship, however, does not exist anymore.

Alternatively, either the calculation of any employment benefits or the reversal of the earliest payment date of pension benefits could be applied based on the actual date of retirement. If one decides to go for the second option, it is imperative to keep in mind this measure & then. A pension option is reflected in the pension agreement (e.g. with an adjustment of the pension).

Likewise, the possibility of continuing to serve the same company in a different capacity as a free employee or consultant is also feasible. A major issue here is the delineation between the advisory service and the prior activity. A major issue here is the delineation between the advisory service and the prior activity. Here, the delineation between advisory service and prior activity is important. The consultant contract must also comply with frankness. Otherwise, this would be regarded, independent of any pension payment, as hidden income. Further, it should be mentioned here that if the consulting service is provided exclusively for one company, there is a risk of self-seizing.

Are there any plans to organise taxable activities for GGF and Pensions Leistungen at the same time?

It is now being asked whether the Financial Court’s judgement of 25.07.2019 (10 K 1583/19 K) opens up a way to make employment and pension benefits tax free. An arrangement for the alleiniger Gesellschafter-Business-Leader if the employment arrangement ends after the 68th year. A lifetime pension was guaranteed by living years. by living years. after the 68th year. The businessman ended his service contract as a business leader and turned to retirement. A foreign business leader should continue to assume leadership of the company. This however led to her resignation after only a half-year as the business leader. As a result of a new employment contract – compensation without pension accounts – the owner of the company once again assumed the role of executive. The Financial Office views it as a covert payout.Financial Court ruled otherwise and dismissed the claim for a hidden win distribution. In the event of a conflict, the employment relationship has been terminated at the age of retirement. As a consequence, a civil right to pensions is created.