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destruction of accounting records / reconstruction gains can in the way of adoption continue to be tax-free

first Destruction of accounting records

As in previous years I would like to point out that it is once again time to update the registry.

Under § 147 tax code accounting records kept for ten and six years. After 31 12. 2010, therefore, the following documents will be destroyed:

a) Ten-year retention period:

• books, journals, accounts, records, etc., in which the last Registration 2000 and place earlier
• inventories, financial statements, management reports, opening balances, the 2000 or were set up earlier, and to the understanding necessary instructions
• supporting documents (eg invoices , bank statements, wage and salary) from the year 2000

case of computer - based accounting systems need to be during the storage period, the data always be available and readable. This means a system change operating computer, make sure to take the existing data in the new system or the previously used programs to access the old data continue to hold.

b) Six-year retention period:

• payroll accounts and records to the payroll account with entries from 2004 or earlier
  (§ 41 para 1 ITA)
• received and sent trade or business letters from the year 2004 and earlier
• other begins for the taxation important documents from the year 2004 or earlier

The retention period to the end of the calendar year in which the last entry in the book inventory and the annual contract was up, the commercial letter received or the receipt created.

Please note § § 169.170 of the Tax Code. After that, the destruction of documents independently of the above retention periods will not be permitted if the deadline for tax assessment has not yet expired. Your tax adviser can safely give this binding information.

second Rehabilitation gains possible through the adoption continue to be tax-free

With its ruling of 14.07.2010 (Case No.: XR 34/08) confirmed the BFH the application of so-called adoption of the redevelopment financial management. This is particularly gratifying because the Tax Court of Munich (EFG 2008, 615) the reorganization decree inapplicable because he possessed no sufficient legal basis. This had led to serious Legal uncertainty. Now, however, ensures that the equity measures in accordance with the requirements of the Federal Ministry of Finance letter of 27 March 2003
IV A 6 - B 2140-8 / 03 (Federal Gazette I 2003, 240) in cases of possible company is based rehabilitation. must be differentiated from entrepreneurs are related renovations.

settled case law provides a presumption of a business-related rehabilitation, if the debtor by the adoption of its obligation, a debt-free liquidation of his company and building a life in self and / or not an independent position is made possible, without being burdened by debt from a previous business activity. This type of rehabilitation will not benefit from the adoption of redevelopment.

a business related to renovation, however protecting the viability of the company. It is saved from collapse and be restored to profitability. For this type of renovation, the fairness of the restructuring measures adopted are intended.

, allow me a brief explanation on this issue. To 31.12.1997 were under the Income Tax Act No. 66 § 3 aF profits tax-free reorganization to the reorganization success is not to jeopardize the payment of taxes. The political opinion on this changed from 1998. The preparation of the tax liability of such profits was due to the fact that the deteriorated companies typically have sufficient loss carry-operative, the interceptor rehabilitation gain. As long as there was an unlimited loss carry forward this view was the tax system properly.

It was the fully netted losses until 2002. 2003, however, the so-called Minimum tax under the Income Tax Act § 10 d introduced. Then can basically only part of the loss carryforwards are offset against current profits. If forego to allow a viable recovery creditors on their claims, it can cause a temporary to a high tax burden on rehabilitation gains, although the company has constructed sufficient losses. For this reason, the Ministry of Finance published on 27 2003 March the above remediation decree. Thus, the uniform application of equitable rules in cases of clean-up are assured.

received

Without the content of this reorganization was adopted to, I want to emphasize that taxpayers could live well in the past with these rules. The terror in those affected, however, was great as the tax court in Munich said that administrative rule inapplicable. Since the BFH as a higher court conceded that opinion of that court in Munich, will continue to apply the principles of the reorganization decree for business-related renovations. So far, so good. It would be desirable, however, that the legislature clearly governs the taxation of profits recovery, so it does not happen again differing judgments, the tax courts.