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- Title
Zeitwertkonten zugunsten von Minderheits-Gesellschafter- Geschäftsführern: Risiko der verdeckten Gewinnausschüttung und des Lohnzuflusses – Praxishinweise für die steuerliche Anerkennung.
- Authors
Meurs, Katharina; Schmidt, Jonathan
- Abstract
The article deals with the tax recognition of time value accounts for minority shareholder-managers. As long as there is no hidden profit distribution, the tax authorities generally recognize them. The article provides practical advice on the tax recognition of such agreements and explains the general principles of hidden profit distribution and the timing of wage inflow. Action recommendations are derived and the topic is concluded with a summary. It is emphasized that the job description of the manager is crucial for the establishment of a hidden profit distribution. It is discussed whether time value accounts are compatible with the job description of the manager. It is pointed out that the Federal Fiscal Court (BFH) makes a normative assessment and bases it on the ideal image of a manager. It is also mentioned that the BFH regularly recognizes agreements on time value accounts for external managers for tax purposes. It is pointed out that there is hope that the BFH will take a more differentiated view in a further decision. The issue of asset reduction and the timing of inflow for the shareholder are also addressed. Reference is made to two letters from the Federal Ministry of Finance (BMF) from 2009 and 2019, which deal with the compatibility of time value accounts with the job description of managers. Previously, the credit of future due wages on the time value account was considered as wage inflow, which had tax consequences. However, this view was adjusted by a decision of the BFH in 2018. Now it is examined whether there is a hidden profit distribution, and if not, time value accounts are generally recognized. Various situations are explained in which wage inflow is possible despite a value balance agreement. The article provides guidance on the practical implementation of time value account agreements for the benefit of minority shareholder-managers. It is emphasized that a hidden profit distribution should be avoided and that a clear agreement must be made in advance. The establishment of a time value account should be done through a documented shareholder resolution. It is recommended to also conduct an internal benchmarking and offer other managers the possibility of a value balance agreement. In addition, wage inflow should be avoided during the accumulation phase and the value balance should be insolvency-proof. The article refers to paragraph 8 of the Corporate Income Tax Act (KStG) and contains references to comments by Janetzko in Herrmann/Heuer/Raupach, EStG/KStG. No further information or details are provided on this topic.
- Subjects
JOB descriptions; STOCKHOLDERS; EXECUTIVES; FEDERAL courts; TAX auditing; WAGES; TAX collection; INCOME tax; POSSIBILITY
- Publication
FinanzRundschau, 2022, Vol 104, Issue 16, p759
- ISSN
2567-4765
- Publication type
Article
- DOI
10.9785/fr-2022-1041605