Year-end tax measures - For entrepreneurs

Taxation of retained earnings

Natural persons with profit calculation by Assets comparison In the 2009 assessment, for the last time, the increase in equity up to a maximum of €100,000 could be used ½ Average tax rate (DSS) is favourably taxed. In the event of a reduction in equity (through withdrawals) within the following 7 years, there is generally a Tax recovery with the ½ DSS used for the benefit. If the Equity reduction in one Loss year, the post-tax amount can be offset against the loss. Through corresponding Operating deposits (e.g. for payment of operational debts) the reallocation may be avoided. Instead of the last use of this benefit, it is also possible to Voluntary premature post-taxation the amounts previously taxed at ½ DSS. Since the voluntary post-taxation only with 10% rather than the ½ DSS used at the time, this can be advantageous if a reduction in capital due to withdrawals is anticipated within the respective remaining 7-year period (KI 05/09).

Apply for group taxation

For corporations, by forming a Business group gains and losses of the included companies have been offset and sometimes significant positive Tax effects be implemented. This is subject to the required financial link (a capital stake of more than 50% and a majority of voting rights) having existed since the start of the financial year, as well as a group application having been submitted to the tax office. For all limited companies whose financial year corresponds to the calendar year (i.e. balance sheet date 31 December), the group application must be submitted by at the latest 31.12.09 to be introduced so that it still has an effect for the 2009 allocation. The same applies to inclusion in an existing corporate group (for example, because a new investment was acquired on 1 January 2009).

Research allowance/research premium/contract research

For economically valuable inventions or within the framework of the broadly interpreted research concept as defined in the Frascati Manual, 25% of research expenditure can be claimed as a fictional operating expense. In conjunction with economically valuable inventions, it is even possible in some cases. 35% possible. Instead of in-house research, you can also use Contract Research 25% of max. €100,000 p.a. can be claimed as a business expense. As an alternative to fictional business expenses, there is the option of availing of Research premium In the event of. 8% (Tax credit) – the premium can be advantageous, for example, in loss-making situations and is always better for limited companies.

Tax-free allowance on investment gains

The FBiG can in the old form lastly in the assessment 2009 to be educated. With regard to the changes from 2010 onwards, please refer to the article in this issue. The changes may, under certain circumstances, lead to it Recommended an upcoming Investment into the New Year to move and not to apply the „old“ FBiG in this regard. Eligible investments generally include depreciable tangible assets or certain securities (in particular bonds and bond funds) and require a useful life or. Retention period for 4 years.

Advance payments (half-year depreciation) and timing of payment/receipt for income and expenditure calculation software

For investments that after dem 30.6.09 If the purchase is made, half the annual depreciation can be claimed in the second half of the year, regardless of the date of purchase. The Preferring investments at the latest in December 2009, it can therefore bring tax advantages. Low-value assets (up to €400) can be paid immediately in full to be deposed.

E-A calculators can fundamentally, by exploiting the inflow, outflow principle, a temporary relocation achieve tax liability. For expenses mentioned in § 19 para. 3 EStG (e.g. consulting, rental, sales, interest costs etc.), however, only a one-year advance payment Tax-deductible! Regularly recurring income or expenses that fall due at the end of the year are to be allocated to the calendar year to which they economically belong if they are settled within 15 days before or after 31 December. So-called „left-standing claims“, which are only paid later at the creditor's request, are considered to have already been received (in the old year).

Early depreciation on investments in 2009

When investing in Fixed assets in the years 2009 and 2010, an early write-off of 30%: Cost of acquisition or production be invoked. This accelerated depreciation of the asset is determined by the Date of acquisition dependent (not on the time of commissioning) and also includes normal depreciation for the first financial year. The benefit extends to tangible non-current assets that are consumed, but not for example on building investments, cars, low-value assets, used assets, etc. The accelerated depreciation can be claimed in addition to the FBiG, provided that the condition of the minimum useful life of 4 years (for the tax-free allowance) is not jeopardised.

GSVG exemption

Small business owner (Annual turnover under €30,000, income under €4,188.12) can be GSVG exempt for 2009 to 31.12.09 apply. Eligible Young entrepreneur (max. 12 months GSVG compulsory insurance within the last 5 years), generally men over 65 or women over 60 years of age, or persons over 57 years of age if the aforementioned limits have not been exceeded in the last 5 years.

Retention obligations

With 31.12.09 fundamentally ends 7-year retention obligation for business documents for the year 2002. Records which are relevant to a pending tax or other official/court proceedings must also be retained. Records for properties in Advance tax settlement are 12 years to be kept for six years, or 22 years if input tax was reclaimed for a non-business purpose. Under no circumstances should documents that serve as evidence for product liability, property, inventory, and employment contract law, for example, be destroyed.

Deductibility of donations

Donations from business assets to specific Research institutions and educational institutions serving adult education, as well as at universities etc., can up to a Maximum amount from 10% an operating expense from the previous financial year's profit. In addition, and in terms of amount Unlimited Can monetary and in-kind donations related to assistance in disaster situations also be claimed, provided they are for the Advertising serve. For the first time since 2009 also Donations for charitable causes up to an amount of 10% of the previous year’s profit (in addition) is tax-deductible as a business expense. It is essential that the recipient of the donation or the charity collecting the donations is BMF List appears and that the donation was made in 2009 and can be proven. A double consideration a specific donation as a business expense and as a special expense Not possible (KI 09/09).

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