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The point where you’re selling private property to your company is the moment you really really really want to talk to a good tax accountant in germany. If you
by Xylakant 9y ago
The point where you’re selling private property to your company is the moment you really really really want to talk to a good tax accountant in germany. If you sell above reasonable price it’s considered tax fraud (verdeckte Gewinnentnahme) and the reasonable price is likely to be a point of contention between you and the tax authorities. Unless you haven very valuable machinery you want to place into the company it’s usually not worth it and in this case you’d want a third party to certify the price. You can, however, pay yourself a reasonable wage and there are pretty clear guidelines on what’s considered reasonable. Much cleaner and easier.
Personal liability is a bit a complicated topic. If you’re a pure shareholder, your liability ends with the value of the shares. If you’re at the same time the only shareholder and the CEO and only employee you can be liable for quite a few things. (Social security, taxes, damages for your personal actions, anything that constitutes fraud, ...)
- charlesdm 9y agoThis is simple and applies to most (Western) jurisdictionS: don't sell anything to a company you own or control, at an above market rate. Now, there are many ways to value something, and there is generally some room for interpretation on how much to charge exactly. But you will need to find a way to justify the price at which a transaction was concluded. With IP it gets a bit blurry (e.g. you might own some trademarks you want to transfer to your new company), but again, there are a ton of perfectly acceptable ways to value something and not face the wrath of your local tax collector. Just make sure you have a reasonable valuation, based on objective facts, and you'll (mostly) be fine.