Tag Archives: law & taxes

District Court

Landgericht Leipzig condemned Commerzbank AG banks must certificates even the risk of a total loss as a result of insolvency of the issuer enlighten about, if there is no increased risk of insolvency. Judgment of the 16.06.2011 – REF. 04 O 3542/10 – with the District Court of Leipzig the Commerzbank AG sentenced, to replace the loss suffered through 3 different certificates of Dresdner Bank and UBS more than 33,000 an investor represented by me, because their staff clarified my clients in any of the counseling sessions in that a total loss can occur when you use certificates in the event of insolvency of the issuer. The Court in the judgment, that the defendant, was even obliged, if the Inslovenzrisiko may have appeared relatively low. That this risk is not even mentioned with a single sentence, constitute a serious error of advice. I think the verdict because this risk was not known to most investors before the collapse of Lehman Brothers, because they already didn’t know, that there is a certificate to a bond and not to a safe bank deposit.

Also in favour of a duty of disclosure, that is pointed in the flyers and prospectuses on the insolvency risk. This shows that it is this cannot be a trifle, as well the collapse of Lehman Brothers has shown clear. However, the vast number of courts considers that a bank insolvency risk must educate only, if either there is an increased risk of insolvency of the issuer or investor asks for the insolvency risk. It is therefore likely that Commerzbank against the ruling will be appealed.

The Apartment

The empty life are fully derVermietungszeit attributable to. The advertising costs are (= 180 + 155) 335 / 365 to take into account. Contact information is here: Richard LeFrak. Commercial rental renting an apartment can be exceptionally commercial when insgesamtvorliegen the following requirements: the apartment is fully furnished (furniture, crockery, linen), – it is in a pure tourist area with numerous similar used apartments, advertising and rental are carried out by one for the holiday service organization existing uniform residential, at any time, the apartment is for rent ready, it is like at a hotel reception ongoing personnel present, take care which the rental/cleaning/maintenance. Commercial renting, the IRS checks always the income intention. The rental is subject to trade tax, landlord (individuals), as well as private companies received einenFreibetrag 24,500 EUR in the year.

Only the amount exceeding the free allowance is subject to trade tax. Sales tax short term rental of apartments is subject to sales tax. The reduced tax rate (7%) applies to the following accommodation services: provision of furnished and equipped with other furnishings (such as TV, radio, telephone, in-room safe) educations electricity supply of bed linen, towels and bathrobes cleaning of the rented rooms providing personal care utensils, shoe shine and sewing kits with accommodation of animals in the licensed living – and bedrooms the full tax rate (19%) applies to all services, where not even accommodation services is, as well as additional benefits for accommodation, if they are paid administrative purposes with the fee for the rental, how – from apartments, empty life sales tax not taken into account. – separately agreed provision of sites for the parking of vehicles – catering services (such as breakfast) – use of communication networks (in particular, phone, Internet) – transport of luggage outside the apartments – provision of sports equipment (E.g. bicycles) – transport between the railway station/airport and accommodation small entrepreneurs control no sales tax resulting from application of the small traders (turnover limit 17,500 EUR in the vorangegangenenJahr and expected to be EUR 50,000 in the current year).

Rental Reduction

There are many areas of law in our State, but in hardly one is as often and as much fighting as in the law of tenancy. The tenancy law includes many military facilities. Time dealing with rent reductions, the apartment keys, or also to the lease, there are only a few topics on the landlord and tenant can not argue. Often the cases are clear-cut, which nevertheless does not scare the counterparty, going to court. Why is this so? Well, that’s a good question, you hardly can already alone not answer because the tenant rights actually are all regulated. When landlord and tenant fight then everyone on his right insists whether he’s right or not, not even. And it’s sometimes really to the nitty-gritty.

There is fighting, because the tenants illegally passed keys. There is a fight, because the tenant keeps a pet, the landlord but don’t want to. There is fighting, because does not fulfil the duties of his renovation of the landlord and the tenant unilaterally cut the rent. There are so many Ways to fight. And there are already so many judgments on disputes that could fill whole pages of the Internet. And they do that. Why you first should inform themselves before going to a lawyer about the appropriate case.

Maybe it has already given them and you can see off already, whether they would succeed with any action at all. A legal forum can bring together an also with many other troubled and even lawyers who are also abound. To do this, and asks his questions here then you might will find that you can save to the expensive gear in court because there have been umpteen times already the same case and was decided always to the detriment of the plaintiff. As well, when it comes to a reduction in rent, security deposit, or General tenant rights, the Internet should be first point of contact. Ingo Crown-John

Inheritance Law Reform 2010

New rules in the law of succession into force new inheritance law for successions from January 1, 2010 to January 1, 2010. The reform of inheritance and statute of limitations law changed the inheritance law of the civil code paragraphs but (very) moderate (BT pressure. 16/8954). It would have been desirable a bolder reform, especially as it’s the most comprehensive reform of the succession since 1900. Essentially the following changes: moving deadline for mandatory part supplement claims under old law, which applies to successions until December 31, 2009, the beneficiaries equal to its rate can claim a percentage of the value of the gifts made by the deceased in the last 10 years before his death. Where are these gifts in full amount to use. The inheritance law reform moves away from the \”all or nothing\” principle and leads a pro-rata solution of a (melting). Donations from the first year of death will become 100%, from the second year with 90%, from the third year with 80% etc.

in Approach taken (2325, paragraph 3 BGB new version). Thus, the compulsory portion supplement claim reduced steadily. The welcome melting model does not affect on the usual in practice donations of real estate, where the donor reserves itself the usufruct. Through the usufruct the 10-year time limit does not begin namely to run; the same applies for donations among spouses. Reserved portion removal for extreme misconduct of entitled to a compulsory portion can his compulsory portion withdrawn this will or contract of inheritance ( 2333 BGBff.), such as when the son the father to seek life, then can the father in his will to disinherit his son not only, but evade him even his legal compulsory portion. The inheritance law reform eliminates the previous suspension reason \”dishonorable and indecent life\”. Even after the reform not to the removal of the compulsory portion entitled \”Alienation\” or \”Family breakdown\”.