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Recent News From GPR Rainer

Costs incurred amending tax returns can be offset against estate tax

Costs incurred amending tax returns can be offset against estate tax

Published: 26 Jul 2019

Heirs are obligated to amend or subsequently file the testator’s incomplete or missing tax returns. A testator who conceals income from the tax authorities may be setting the heirs up for problems. While the latter are not responsible for the testator’s tax evasion, we at GRP Rainer Rechtsanwälte note that they are obliged to amend the tax returns. To this end, it may be advisable to cons...

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Unlawful advertising featuring health claims

Unlawful advertising featuring health claims

Published: 23 Jul 2019

Health claims in relation to food items must be supported by accepted scientific evidence. Otherwise, as was recently confirmed by the Oberlandesgericht (OLG) Köln, the Higher Regional Court of Cologne, the advertising is unlawful. According to the EU Health Claims Regulation, health claims in relation to food items are only lawful if they are backed by accepted scientific evidence. We at t...

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BaFin – Binary options still off limits to retail investors

BaFin – Binary options still off limits to retail investors

Published: 08 Jul 2019

It remains illegal in Germany to sell binary options to retail clients according to an administrative act of Germany’s Federal Financial Supervisory Authority, the BaFin. With binary options, it’s either make or break. Yet underlying these “bets” is a complex and opaque financial product. We at GRP Rainer Rechtsanwälte note that it was due to their high-risk nature that the ESMA decided to ...

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Voluntary disclosure of unreported income in estate

Voluntary disclosure of unreported income in estate

Published: 05 Jul 2019

Unreported income in an estate can become a problem for the heirs. If it has been concealed from the tax authorities, it may still be possible to rescue the situation with a voluntary declaration for tax evasion. An estate can carry a high risk potential for many an heir if the testator deposited untaxed assets in foreign accounts as a way of concealing it from the German tax authorities. While ...

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Unfair advertising – No price comparison without price quotations

Unfair advertising – No price comparison without price quotations

Published: 04 Jul 2019

Price comparisons featuring tariffs both with and without price quotations are considered to be a form of unlawful comparative advertising and in breach of competition law. That was the verdict of the Oberlandesgericht (OLG) Köln, the Higher Regional Court of Cologne. Whether it be travel, insurance, or other services, there is a tendency for consumers to compare offers online in the age of...

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GRP Rainer Rechtsanwälte – Report on post-contractual non-compete clauses

GRP Rainer Rechtsanwälte – Report on post-contractual non-compete clauses

Published: 03 Jul 2019

Companies usually agree to post-contractual non-compete clauses with their managing directors. These need to be balanced to ensure they don’t end up null and void in their entirety. Companies are better positioned to protect their legitimate interests when business and managing director go their separate ways if the company agreed to a post-contractual non-compete clause with the executive offic...

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Tax dispute – Additional income from large celebration

Tax dispute – Additional income from large celebration

Published: 28 Jun 2019

A celebration organized by an employer for an employee may give rise to taxable income according to the Finanzgericht Münster. While an employer organizing a big celebration for an employee is certainly a welcome sign of appreciation, we at GRP Rainer Rechtsanwälte caution that excessive festivities may result in additional taxable income for the employee. In the instant case, a foun...

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CJEU bolsters protected designations of origin

CJEU bolsters protected designations of origin

Published: 27 Jun 2019

Evoking protected designations of origin may be unlawful. That was the verdict of the Court of Justice of the European Union (CJEU) in a ruling from May 2, 2019 (Az.: C-614/17). The CJEU has confirmed its position that evoking protected designations of origin may be unlawful. The Court had already expressed this view in the past year with respect to the protected geographical designation of orig...

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