Our extensive and long-standing experience makes us experts in insolvency-specific tax advice in the context of regular and self-administration proceedings.
The 11 Ways to YES
Our services in the field include:
- Insolvency allowance and insolvency allowance pre-financing
- Employee support
- Payroll accounting
- Differential payroll
- Social plan calculation
- Distribution of insolvency claims
- Support and takeover of financial accounting under commercial law
- Financial statements
- Tax declarations and tax returns
- Tax expert opinions
- Support during tax audits, special VAT audits and appeal proceedings
Pre-financing of insolvency benefits is of fundamental importance for the continuation of the company. We take care of the organisation and processing of insolvency benefits as well as the pre-financing of insolvency benefits. This essentially includes checking insolvency benefit claims, applications to the pre-financing bank, preparing insolvency benefit certificates and other points. In doing so, we can draw on our many years of experience in working with employment agencies, social security institutions and tax offices.
Insolvency allowance and insolvency allowance pre-financing
We support the provisional or insolvency administrator in providing the affected employees with professional information. To this end, we provide information on insolvency benefit claims, the insolvency benefit period and the procedure for pre-financing insolvency benefits. We are happy to assist the preliminary insolvency administrator immediately after the filing of the insolvency petition and take part in the first works meeting.
We monitor and advise the insolvent company’s wage and salary department. Furthermore, we determine notice periods, assist with tax and social security audits and are familiar with tasks relevant to construction wages, such as collective bargaining law, holiday and social security fund procedures.
For the differential wage settlement, we determine the amount of the insolvency liabilities. In doing so, we contact the employees and the relevant institutions and request the necessary documents for the preparation of the settlements. In this context, we check asserted claim transfers for their correctness.
If a reconciliation of interests and social plan negotiations have been concluded, we take over the calculations including the certification process.
Social plan calculation
Distribution of insolvency claims
Insolvency claims of employees are assessed and calculated by us from a tax law perspective.
Already in the insolvency application procedure, we provide a team of experts at short notice to accompany and monitor the financial accounting in the debtor’s company. We are the direct contact for both the insolvency administrator and the debtor’s accounting department for all questions of financial accounting under commercial and tax law. If desired, we can also take over the debtor’s financial accounting at short notice. By accompanying or taking over, we ensure a clear separation of business transactions in the individual stages of the proceedings as well as the timely preparation of advance VAT returns.
Support and takeover of financial accounting under commercial law
We take care of the accounting obligations under commercial and tax law for insolvency administrators before and after the opening of insolvency proceedings in order to ensure the insolvency administrator’s duty to inform and declare to prospective buyers, lenders, suppliers and customers, creditors, insolvency courts and the tax authorities.
In addition to preparing and drawing up annual financial statements in arrears, we also prepare the annual financial statements, including notes and explanatory report, on the day before the opening of insolvency proceedings and at the end of each financial year.
Particularly in the area of turnover tax, appropriate advice is essential in insolvency proceedings. Experience shows that inadequate consideration of tax law circumstances can lead to substantial damage to the insolvency estate.
If there is an obligation to regularly submit advance turnover tax returns, a large number of turnover tax questions already arise in the insolvency application proceedings.
Tax declarations and tax returns
Tax expert opinions
We assist insolvency administrators in the tax law review of all effects of the insolvency proceedings on the insolvency administrator’s tax declaration and record-keeping obligations and in the enforcement of claims increasing the assets on the basis of insolvency-specific tax case law. We prepare expert opinions on all tax types relevant in insolvency proceedings in order to assess tax problems at an early stage with regard to their consequences for the assets involved in the insolvency proceedings.
In insolvency proceedings, insolvency administrators must regularly expect special VAT audits by the tax authorities. We accompany the tax audit and the special VAT audit in the insolvent company or in our offices with an individually assembled team of experts and guarantee a smooth and objective handling of the tax audit.
We take over the examination of the tax claims of the tax authorities filed in the insolvency table. If the tax claims of the tax authorities are disputed and no agreement can be reached, we support the insolvency administrator with a team of experts within the framework of the objection or declaratory proceedings.