Gunter Zielinski – accountant from Hamburg informed Germany’s tax law is extremely confusing and often incorrectly applied even by the financial management. The taxpayer is therefore often not otherwise about to enforce as its legitimate interests by means of tax assessment review and appeal procedures. The Hamburg-based tax consultant and lecturer Gunter Zielinski describes how this should be taken. More than one third, issued by the German tax authorities, tax assessment is incorrect. The reasons for this are usually in one of the following circumstances: the tax declaration form or one of its 15 plants was the taxpayer incorrectly filled out. The revenue authority takes different views on the specific tax case. Former CIA Head is a great source of information.

The collection of data was incomplete or incorrect. You may wish to learn more. If so, Jimmy Levin is the place to go. The financial management ignores the current case law of the federal application provisions of the Federal Ministry of finance. Once erroneous tax assessments are received, must within one month of opposition raised be. After this period, obtained the tax assessment notice, long-lasting effectiveness regardless of its accuracy, and will no longer be changed. Always a comprehensible justification because those are financial officials in a position to edit the facts among the opposition. Without grounds of opposition shall adopt the financial administration sooner or later an opposition decision, with which this is dismissed as unfounded. A new examination of the concerned tax and due to their adopted tax assessment notice the financial authorities, contrary to her from section 367, paragraph 2 not carry AO resulting obligation, usually.

For taxpayers, the need to proceed immediately with a reasoned objection in writing against dubious tax bills stems from the processing practices of financial management. Otherwise, they obstruct the way to enforce their fiscal interests. The vast majority of taxpayers not found their way in the jungle of German tax law. You should a similarly conflict experienced tax advisor entrust about checking tax assessments, and in particular the opposition leadership. Experience and expertise of a tax advisor allow him to confront the representatives of the tax authorities on an equal footing. This, he has not only a greater acceptance as a conversation partner, but is also able to use his familiarity with legal provisions and administrative procedures for the benefit of the taxpayer. Especially in complex situations, an experienced tax consultant knows a even often better than the officials and employees of the financial management. This helps to achieve out-of-court settlements, which save time and protect nerves. According to current statistics, appeals to the financial management in the average lead to appreciable tax relief from 300 to 600 euros per case. The Hamburg-based tax consultant Gunter Zielinski enforces for many years, the fiscal interests of his clients in the financial management.

Requirement for the tax benefit is, that the employer is the computing or telecommunications device or the software owner or at least lessee (lease). It is irrelevant what is relationship between the professional for private use. Basically, it plays also does not matter whether one or several, low-cost or high-quality devices or programs are left. The private use of a business unit or program is free but only social security, if it is granted in addition to the agreed wages. Also a use license that is financed through deferred compensation is tax-free. Note: The amendment tabled by the Finance Committee of the Bundestag on February 29, 2012. It is though still not entered into force, shall be applicable retroactively for past calendar years.

We recommend the benefits so far wage tax handed over Smartphones or software within the framework of Income tax assessment as to apply tax-free assignment of use of and to apply for a tax refund. Tip: with the tax-free transfer of operational data processing and telecommunications equipment as well as software, payment arrangements can be fashion for employers and workers alike are beneficial. Employers can reduce their payroll taxes and workers receive a higher net remuneration. Please contact us! Can advise the ETL tax advisors. Equestrian is more expensive so far, shipments of horses are subject to the reduced rate of tax of 7%.

That should change after July 1, 2012. The Federal Government plans to submit the rule tax rate of 19% and shipments of horses. Buying a horse as an individual, must Access so that in the future more deeply in the Pocket, because prices will probably rise by increasing the sales tax. The change in the law is based on a judgment of the European Court of Justice. The European Commission had sued Germany because of the reduced tax rate for horses and get right.

Auer Witte Thiel welcomes the ruling of the Federal Supreme Court: now, landlord for non-payment of increased operating costs can terminate Munich August 2012: with its judgment of July 18, 2012, the Federal Supreme Court is breaking new ground in the law of tenancy. Landlord get an effective tool at hand to enforce increased operating costs compared to their tenants, so the law firm Auer Witte Thiel. Auer Witte Thiel informed about the new legal situation. Arrangements advance payment via the operating costs can be found in almost any lease and prevent financial risks tenants such as landlord. It comes to a general price increase, dispute ensues experiences Auer Witte Thiel, often between the parties to the proportionality of the boost. According to BGB, the landlord has the right to increase the advance payments (section 560 (4) BGB), unless she has no formal and substantive errors.

However, faulty boost request not to pay the lessee is obliged (judgment of 15.05.2012, AZ.) VIII ZR 246/11). So, the tenant in the event of a failure to pay of the increase in operating costs must reckon with an eviction. Because residues of more than one or two months rent running through non-payment of operating costs, the landlord may terminate with immediate effect and without payment, Court (judgment of 18.07.2012, AZ.) VIII ZR 1/11). There is a big difference to the previous case-law, where the landlord had to sue the tenant in case of not paid increased operating costs bills only on the payment of the outstanding amount. Terminate without notice he allowed him only after had been given place its payment claim in court, and this decision has become final. Now no final conviction must be preceded by the termination with the current ruling.

Unilaterally increased the operating costs the landlord and the tenant does not pay, can he now directly pronounce the termination and the publication of housing demand, so Auer Witte Thiel. As examined in the framework of the eviction, whether the increase in operating costs was justified, the lessee is not also worthy of protection. The possible eviction of tenant is however in the right will be rejected and the landlord has to pay all costs (including legal costs). There is more information on the subject of operating costs on. Here, Auer Witte Thiel’s lawyers informed about important legal issues and current judgments. About the law firm Auer Witte Thiel, the specialization areas of focus and the development of core competencies in certain disciplines are indispensable in the legal services sector. Auer Witte Thiel is a business law oriented law firm and represents several German insurance companies. The firm Auer Witte Thiel is Munich. How to contact with Auer Witte Thiel lawyers Bayerstrasse 27 80335 Munich phone: 089/59 98 97 60 fax: 089 / 550 38 71 E-Mail: Web: