Press release of the febs Consulting GmbH, 03.02.2010 punctually at the beginning of the fifth season the Federal fiscal court gave numerous pension commitments with capital voting rights new trouble on November 11, 2009. For those affected, the thing is however is anything but funny. Depending on the design of the capital vote it can cause even an immediate tax inflow at retirement, if opts for the lifelong pension of workers? Indicates the febs consulting from Grasbrunn near Munich in your latest newsletter. The background is as follows: the Federal fiscal court had to decide where a taxable compensation payment regulated by operating agreement is due was postponed by agreement between employers and workers on the following year on a case. The Treasury saw this move as an abuse and subjugated the compensation of full taxation immediately.
In the judgment the judge commented the tax inflow in detail to the question. According to the judge, the timing of the tax depends on Flow not only from the due date of a claim from. A tributary is then, if the employee has obtained the full economic power over the claim. For this purpose it is enough also, workers without further intervention of the employer has the possibility to bring about the success of the performance. That applies to many pension plans and pension funds supplies, which include a unilateral capital choice right of the employee\”, explains Andreas Buttler febs consulting Managing Director of bAV consulting firm, and strongly advises to check all existing agreements.
Because otherwise threaten an immediate taxation of the capital amount at retirement even if chooses the pensions of workers. Deposit with waiver of future covert service another adversity brings a decree of the Ministry of Finance of North Rhine-Westphalia by January. The Ministry is of the opinion that each affiliated caused reduction of pension commitment as a hidden contribution is subject to the payroll tax.