Taxation of employees
March 13, 2012 | 20,00 EUR | answered by Matthias Wander
I was employed by my father. With his death, I inherit his company along with 3 others who were not employed there. Despite the fact that the health insurance company confirmed that I am not an entrepreneur, I am now considered as one by the tax advisor.
Now my salary is calculated as a withdrawal in the balance sheet. I have no powers or authority like an entrepreneur!
What is the correct way to resolve this? If I am the only one contributing, while the others do not, and they end up with a higher profit while I receive a withdrawal?
Dear Seeker,
Thank you for your inquiry, which I would like to answer based on your information and in the context of your involvement in an initial consultation.
First of all, it needs to be clarified whether your father's company was a sole proprietorship or a corporation. If it was a corporation, you would still be employed and receive a salary.
Based on your information, however, I assume that the company was a sole proprietorship and that a GbR was formed with the inheritance. From this point on, as a co-entrepreneur, you are no longer required to be insured by the health insurance company. You would then have to voluntarily insure yourself in the statutory or private health insurance.
Treating your "salary" as a withdrawal is correct, as you no longer receive a salary but are entitled to a share of the company's profits, typically 1/4 unless otherwise agreed. You can withdraw your share of the profits from the company. As a co-entrepreneur, you have entrepreneurial powers.
If you are the only one of the heirs actively working in the company, you can agree on an advance profit or activity compensation for your work.
Possibly, you could also sell your shares or acquire the shares of the other heirs.
I would definitely recommend discussing this with your tax advisor.
I hope I could be of assistance within the scope of your involvement.
Best regards,
Wander
Tax advisor
