Corporate Clients and German Tax Law
For our corporate clients we offer a comprehensive service whereby they can rely on Schlun & Elseven for all of their tax affairs in Germany. Our firm will analyse your company carefully and consult with you in order to provide taxation solutions tailor-made for your company’s requirements. As a full-service firm our lawyers will be by your side for all your legal and taxation concerns in Germany. Availing of our firm’s full-service ensures that your company benefits from in a cost-effective and time-efficient manner.
As an example of the services we offer, we provide assistance on taxation requirements for companies involved with the importing and exporting goods to / from Germany. Our tax law and customs law teams will be by your side in all issues relating to such customs and taxation issues in Germany. We also advise on real estate transactions,
We also advise companies on their taxation requirements during their establishment in Germany. This service is available for all types of companies whether they are start-up companies, German subsidiaries or companies which are undergoing a change in ownership. For new companies starting in Germany, we provide tax advice on what is required for the different forms of companies in Germany.
Amongst our services we provide our clients with guidance as to legal tax optimisation and tax reduction. We consider the necessities under German law and in accordance with your legal corporate compliance requirements we provide clear guidance as to where changes can be made, to your benefit.
Legal Disputes for Companies in German Tax Law
Should your company require guidance in a legal dispute in Germany our taxation lawyers will be on-hand to assist you throughout the process. Our lawyers are aware of how resolving such disputes outside of court can mean that you save time and costs which can be employed elsewhere. We bring our considerable knowledge of German taxation law as well as experience of negotiations to the table in presenting your case. Resolving issues outside of court can be achieved with favourable results when you have our legal team in your corner. a
Legal disputes concerning German taxation law can arise in numerous circumstances. From buying a company to issues of German insolvency law, our lawyers will advise you throughout. We advise in a range of disputes including opposition procedures (Einspruchsverfahren) and administrative suspension of execution procedures (AdV) as well as in criminal actions for suspected tax evasion. Should a case go unfavourably we will be with you in the appeal, even as far as the German Federal Finance Court (Bundesfinanzhof) if required. At that level it is necessary to remember deadlines in order to get the appeal in on time and once in the court, it is a necessity to have legal counsel at hand. Our lawyers will guide you through the whole procedure and ensure you are provided with expert representation.
Tax Criminal Law
The field of tax criminal law is a matter which requires professional legal counsel. A conviction of tax evasion or other criminal offences in the field of tax crime can lead to serious consequences in the shape of fines and prison sentences. The exact sanction faced will depend on the facts of the matter. However, even the mere prospect of an accusation of tax evasion can be distressing for private individuals. Knowing how to respond is vital in these cases. If you find yourself in a situation where you have come under suspicion of tax evasion you may face the prospect of a house search or office search. Once again, this is a distressing process as this action is an infringement on your personal rights, unless carried out correctly. Having an experienced lawyer on-hand and knowing how to act in such a situation is key to success!
One option available to mitigate the impact of an accusation of tax evasion is voluntary self-disclosure under § 371 AO. This step is available in certain situations and should be carefully considered. An exemption from punishment or criminal conviction occurs when the party:
- files the voluntary disclosure on-time,
- following this step, they then declares their entire income in full, and
- resolves the remaining tax liability as well as any related interest payments.
Such a step can prevent legal action being brought to trial. However, timelines and many other variables play a role as to when it is best to pursue this option. See our page on Voluntary Self-Disclosures to find out more. Consult with our legal professionals before taking this step.
Our lawyers will also provide you with in-court representation if required. Where possible, we will aim to resolve matters outside of court as we are aware of how costly both in a financial sense and in terms of time a court case is. However, it is sometimes not possible to resolve such matters outside of court. For in-court cases, we will work together to create a suitable strategy and from there seek to achieve a successful outcome in your case. Our team of German tax lawyers has years of experience of dealing with the legal system and thus understand what one should expect during a German criminal law case.