Jurist trainee salary - part-time job
February 12, 2015 | 75,00 EUR | answered by Ralph J. Schnaars
The situation is as follows:
I run a GbR (partnership) together with my brother.
I earn about 60,000 euros per year.
My brother owns a 2% stake in the company.
After all deductions, this results in a net income of about 40,000 euros for me.
I have also studied law alongside my self-employment and successfully passed the first state examination.
In the legal clerkship (Referendariat) in North Rhine-Westphalia, a legal clerk earns about 1,104.17 euros gross.
In addition, one can earn about 1.5 times this amount without the legal clerkship salary being reduced.
If one earns more than 1.5 times the amount, the legal clerkship salary is correspondingly reduced.
However, as I do not want to work for the state/court for free during my legal clerkship, I am wondering if there is a way to still receive the full 1,104.17 euros.
Redistributing the company shares to my brother is not possible for various reasons.
Please only respond if you are knowledgeable in this area and can possibly implement the suggestions.
- A response stating that there is no solution will not be helpful (and therefore unnecessary) -
Thank you.
Dear questioner,
Unfortunately, you did not mention the industry in which the GbR is operating. Therefore, I cannot address all the possibilities that could be used to save on trade tax, for example.
The task is to reduce your income (profit share) from this GbR to EUR 1,000 to 1,500 per month for a certain period.
Firstly, within the GbR, consider reducing the overall profit. If the GbR is balanced, provisions are an excellent way to control the company's results.
Provisions for storage costs, warranties, maintenance, legal and tax advice, or outstanding invoices provide the opportunity to reduce the GbR's result by several thousand euros.
If the GbR has not been balanced so far, one could switch to determining profits through a comparison of assets for the next few years and then consider returning to a § 4 (3) invoice.
It would also be worth examining whether there are processes for (a) deferred revenue in a balancing operating. This could reveal further profit-reducing amounts.
There may also be profit-reducing measures in a very cautious assessment of receivables or in the control and, if necessary, increased depreciation in fixed assets.
Unfortunately, I cannot go into more detail on these possibilities as I do not have any accounting records or balance sheets.
So far, I have only mentioned measures that do not cost liquidity, so that a payout of funds to the shareholders would not need to be changed.
Investments or reserves for investments could also lead to a reduction in profit. However, liquidity would be required for this.
Furthermore, it would then be necessary to examine whether your profit share from the GbR could be further reduced by special operating expenses. This could involve the provision of work equipment, vehicles, real estate, or the assumption of other costs related to the GbR. However, I also lack further details here, so I can only refer to existing possibilities.
Lastly, if the aforementioned measures are not sufficient, there are still options for a temporarily modified profit distribution agreement or, if necessary, even the construct of a silent partnership.
I could of course take care of implementing the aforementioned possibilities.
I hope I could help you with your considerations.
Kind regards,
Ralph J. Schnaars
STWB Steuerberatungsgesellschaft mbH
Direct contact +49 (0)171 525 20 42
Email mail@stwb-steuer.de
