INFO & FAQs
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If you have a question and you cannot find the answer on this page, please send us an email to faq@fiebich.com. The answer is also free of charge for clients and outside the contractual relationship, there is no legal claim and we do not accept any liability for legal consequences from this consulting service. The publication of questions and answers takes place anonymously.
Exceeding the sales threshold for small businesses:
I have been employed as a freelance worker for a long time - and in all probability will continue to be so for the whole year - so that I exceed the sales tax limit of 30.000 euros. As I have already researched, my gross fee is to be used for this. But now I've heard from several quarters that the VAT actually only strarts to hit from 36.000 euros (30.000 + 20 %). Is that correct? And is it also correct that you may exceed this limit once by 15% (may the 30.000 or 36.000 euros then be exceeded by 15 %?). Thank you very much for your information - unfortunately it is very difficult to get a clear answer on this topic.
Your opinion is exactly the right one. A few notes on that are allowed:
- the plus 20 % apply if your activity would generally be charged with 20% VAT (this is the normal case),
- all independent income is pooled (e.g. also from a rental), not 30.000 per activity,
- the 15 % tolerance limit is given once every 5 years.
- all independent income is pooled (e.g. also from a rental), not 30.000 per activity,
- the 15 % tolerance limit is given once every 5 years.
With regard to income tax, you are most likely to be taxable depending on the expenses to be charged and we reccoment that you take solid advice from us, as all tax bonuses could be optimally exploited on closer inspection of your documents.
(Dr. Klaus Fiebich, 06.11.2012)
Deductibility of nursing home costs:
If the care home costs exceed the care allowance - is it tax deductible?
The additional amount between home costs and care allowance can be claimed as an "extraordinary burden" instead of the annual disability allowances (€ 75 to € 726) reduce taxes. If the income of the person in need of care is insufficient, the person liable for maintenance can duduct their payments. However, a deductible is deducted from these expenses of the person liable for maintenance, unless the paying spous is the sole breadwinner. The same applies if the "social welfare" pays such care costs and then reclaims them from the person liable for maintenance. Even if the person in need of care has an apartment, for example, the home costs are primarily covered by maintenance and are therefore deductible.
The additional amount between home costs and care allowance can be claimed as an "extraordinary burden" instead of the annual disability allowances (€ 75 to € 726) reduce taxes. If the income of the person in need of care is insufficient, the person liable for maintenance can duduct their payments. However, a deductible is deducted from these expenses of the person liable for maintenance, unless the paying spous is the sole breadwinner. The same applies if the "social welfare" pays such care costs and then reclaims them from the person liable for maintenance. Even if the person in need of care has an apartment, for example, the home costs are primarily covered by maintenance and are therefore deductible.
In the case of pensioners or employees, these costs are claimed in the "employee assessment", which is possible retrospectively for 5 years, if necessary also by the heirs.
(Dr. Klaus Fiebich, 11.08.2011)
(Remaining) depreciation when closing down:
I registered my business (small business owner) as dormant for health and private reasons at the end of May 2010, the business location was closed.
For the 2010 income tax return, I would like to know whether I can only make aliquot depreciations due to the shortened period or whether I can take in the entire open total amount, which would also extend to future years, through the dormant report.
Depreciation for wear and tear in the narrower sense may be applied in full for each calendar half-year, therefore in your case half the annual depreciation.
In addition, a withdrawal assessment must be made when the company ceases to operate and there are other special features that must be processed when preparing the annual financial statements.
(Dr. Klaus Fiebich, 1/2011)
