Establishment of and support for branches and subsidiaries
Establishment of and support for branches and subsidiaries
Increasing globalisation and complexity
To support your planning, which includes tapping new sales markets abroad and adjusting operations in line with the increasing global economy, you are looking for comprehensive and competent advice in respect of the fiscal and economic aspects of such activities.
In our International Tax Consulting Division we work with you to create individual practical solutions for your inquiries in respect of international corporate activities. Our know-how means we can provide you with competent support in respect of double taxation risks and balance sheet statements in English in conjunction with our partners abroad.
Establishing branches and subsidiaries in Germany
A lack of understanding of the legal and fiscal structures in place in Germany and language barriers often make it difficult to know whether a decision in favour of a branch, a local representative or a subsidiary is appropriate in respect of performing business activities in Germany as a foreign entrepreneur.
To support you in your decision-making process, we provide a comprehensive overview of the basic fiscal structures in place in Germany, and draw up an appropriate model for your successful start in Germany.
We subsequently implement your company start-up.
On request we prepare the articles of association and memorandum, attend meetings with notaries on your behalf, open bank accounts, file applications with all the authorities and file an application on your behalf for a Germany tax number. The outcome is a company that has been properly established and registered in Germany.
We explain and talk you through the key international tax matters. Our partner law firm, whose staff also speak English, draws up employment contracts, general terms and conditions of business etc. where necessary, and provides advice in other legal matters.
In the case of the following ongoing support, which includes the classic tax consulting services such as financial accounting; payroll accounting; preparing annual financial statements; completing tax returns and representation at the financial authorities, further-reaching services are often required.
We provide support by preparing your accounting data for your internal Group controlling, and on request incorporate such data directly.
Our range of services also includes carrying out transfers to your suppliers and communicating with employees.
We draw your attention to tax risks, structure and plan fiscally recognised billing prices with you and your tax representatives at home.
At this stage you often require support for the launch of your products, or someone to start-up your office in Germany and temporarily manage it. Our specialists assume management tasks for a specific time, establish the market and perform M&A activities - something they have been doing successfully for many years.
Our services for English and German language foreign companies at a glance:
- Consulting and planning to achieve the best possible launch in the German market
- Establishing the company in Germany including drawing up the articles of association and memorandum; registration with the financial authorities; representation at notary meetings; opening bank accounts and preparing opening balance sheets
- Clarification of tax matters in respect of double taxation treaties
- Fiscal optimisation of international billing pricing
- Reviewing problems involving international branches
- International factual assessment regarding the reimbursement of VAT
- Consulting in respect of seconding employees
- Drawing up employment contracts and articles of association and memorandum
- Dealing with the ongoing accounting, payroll computation
- Transferring salaries
- Reviewing invoices as to whether they meet fiscal requirements
- Preparing the monthly sales tax advance returns
- Ongoing review of tax notices
- Preparing annual financial tax returns and annual financial statements
- Rendering classic tax consulting services (link to 1c)
- Ongoing communication with the company's pertinent employees
- Consulting in respect of fiscal changes and organisational variations
- Communication with the financial authorities
- Drawing up the internal Group controlling
- Effecting all payments following consultation with the company management
- Assumption of management tasks for a specific time
- M&A
- Market establishment
Why us, what distinguishes us?
- Individual personal consulting and support
- Ongoing contact with company personnel on site
- All services from a single source, communication with foreign tax offices, lawyers and authorities, and with the pertinent persons on site
- More cost-effective then large companies
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Planning and structuring billing prices in the case of internal Group deliveries and services
Ever more international deliveries and services are being carried out between affiliated companies. In the case of internal audits, tax authorities pay particular attention to billing prices agreed upon between the Group companies.
To avoid or reduce tax risks, billing prices for deliveries between affiliated companies must stand up to an outside comparison (arm's length principle). To this end contracts entered into in advance on the agreed prices, among other things, are to be submitted.
Our billing price services at a glance:
- Choice of method of the billing price calculation (price comparison method), resale price method, cost surcharge method, other methods etc.)
- Determination of appropriate billing prices, appropriate billing of management services between the affiliated companies - service companies and apportionment of costs
- Tax-oriented contractual design to displace profits by way of billing prices
- Defence of billing prices in the case of internal audits by justifying the billing prices and the used methods
- Instituting legal remedies
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Classic tax consulting
Our specialist classic tax consulting know-how
The basis of and prerequisite condition for successful activities in our specialist areas is the fact that we master the basics of classic tax consulting services. Whether our clients are companies and their owners, freelances or private individuals, our services, rendered in line with our own quality standards, include preparing annual financial statements, tax returns, financial and wage computing, support and representation at meetings with the financial authorities. We are able to provide such services thanks to the work of our motivated specialists and their level of training which by far exceeds that of comparable law firms.
However, our greatest strength lies in our approach to consulting. We set out the facts with our clients in advance creating the best possible fiscal outcome. Structural consulting is the key aspect of our profession. It is predicated on the comprehensive exchange of information, proper voucher filing and a willingness to make use of consulting services. The comment that, "Rich people" pay fewer taxes thanks to their good consultants" is definitely something that cannot be dismissed.
Our classic tax consulting services at a glance:
Financial accounting
- In accordance with your requirements either merely to honour legal obligations with the minimum cost or for company management
Wage and salary computation with all tax and social insurance law notices
- Incorporating and setting up your payroll accounting system
- Preparing the payroll accounting
- Drawing up all notices to the tax office and social insurance institutions
- Preparing the online payment institutions
- Consulting in respect of all aspects of social insurance law and wage tax
- Working out tax and social insurance free or privileged wage elements
Preparing annual financial statements
- Preparing the trade or tax statement including the profit and loss statement, statement of asset additions and disposal and, where necessary, notes to the accounts
- Preparing the cash receipts and disbursement statement in accordance with Section 4, sub-section 3, EStG , profit or loss control in accordance with permitted balance-sheet measures
- Publication of the annual financial statements in the German Federal Gazette
Tax declaration
- Preparing company tax returns
- Preparing private tax returns
- Reviewing received tax assessment notices
- Tax progression forecasts
Lodging your tax claims
- Filing all applications for tax matters (e.g. reduction of advance tax payments, waiving or deferring tax liabilities, extending periods ...)
- Meetings and negotiations with financial authorities
- Legal remedies against financial authority notices, representation at fiscal court hearings,
- Representation in respect of fines and matters involving tax penalties
Consulting in respect of structuring tax matters
- Presentation of the opportunities that present themselves in respect of tax structures
- Consulting in the case of options with alternative calculations for the decision-making process
- Tax planning with due regard to the future
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