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Archive for the Author ‘Johannes Fein’
Minority Protection in German Associations: Calling of General Meetings by the Courts
In a recent decision dated September 05, 2024 (case no. 27 W 73/24), the Hamm Higher Regional Court (OLG) rejected an association’s appeal against the court’s authorization to convene a general meeting. The case shows how important the rights of association […]
Special Representatives in German Associations: Delegation of Duties and Liability
In order to cope with the number of tasks that arise, clubs or associations in Germany have the option of a special representative in accordance with Section 30 of the German Civil Code (BGB). If an association has a special representative, […]
Moving Nonprofit Organizations From Abroad to Germany
The Berlin Court of Appeal (Kammergericht, KG) has decided: The registration of an association from another EU state in Germany by way of a cross-border change of legal form cannot be ruled out ex ante. For a long time, this question […]
U.S. Tax Reform: German Companies Need to Act
On 20 December 2017, the largest tax reform for over 30 years was enacted in the USA. It incorporates numerous changes and innovations into US tax law. Against this background, German companies with US-subsidiaries should also review their previous tax planning. […]
Refund of German VAT: Retroactive Correction of Invoices
Under German tax law, value added tax on services received is refunded to companies. The prerequisite for a refund is that the invoice submitted is formally correct. As German VAT tax law places high requirements on invoices, however, suppliers frequently fall […]
German shops required to act: Electronic cash registers need retrofitting
For companies working with cash registers there will be a major novelty as of 01/01/2017: All electronic cash registers need to be retrofitted or exchanged. In the future, every business transaction required to be registered has to be recorded by the cash […]
Expiry of a deadline ending on a Sunday, public holiday or Saturday in Germany
When a deadline to be observed by taxpayers starts upon expiry of the year in which the tax is incurred and when the year ends on a Sunday, a public holiday or a Saturday, the assessment deadline for claims under the […]
Expenses of private and professional party events
If an event is to be tax-deductible, a strict distinction must be made between private and professional guests. A tax consultant invited guests to a party for his admission as tax consultant while at the same time celebrating his birthday. He […]