Taxation of influencers: under the table or above board?
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Holding companies and other so-called "letterbox companies", which mainly collect passive income without a real economic presence, have been in the crosshairs of the European Union for quite some time. The draft directive published by the European Commission on 22 December as a kind of Christmas present could complete this process.
While market players are finding it increasingly difficult to acquire energy in the quantities needed for their operations, and with skyrocketing energy prices only making matters worse, the government incentive schemes that are available no longer provide a financially viable alternative for power plant developers. The solution may lie in selling electricity on the open market – though key to this will be deciding on a legal framework that’s acceptable to all parties involved, including the lending banks.
Tax-efficient forms of remuneration, serving at the same time, as a means of motivating management have never been more popular. And the range of options available for doing this has expanded this summer to include what’s known as a Special Employee Co-Ownership Program (“KMRP” in Hungarian), a vehicle that can be used for in certain situations that cannot be handled in the context of an Employee Part-ownership Program, MRP. In addition, KMRPs are an excellent vehicle for implementing management buyouts.
Recently, the tax authority’s audit practices have changed appreciably. While until recently, tax audits were mostly launched as fully standalone procedures, today the tax authority (NAV) is increasingly initiating criminal proceedings alongside its tax audits. This is particularly the case in bogus-invoice deals affecting VAT, as well as in excise-duty and certain customs matters. But what’s behind this?
The most common form of corporate financing among owners is still the member’s loan. But many forget that while granting a member’s loan is relatively easy, it hides several ticking time bombs – as a recent Supreme Court decision confirmed. Fortunately, there’s already a risk-free capital contribution option.
There are many factors to be considered when determining the value of a property. Among many other things, features such as the view from the property or the natural light that enters the interior cannot be left out of account. It’s clear, then, that the sunset at Lake Balaton from our window adds a lot to the property, but it’s often unclear what we need to focus on before and during the building stage if we’re to avoid attracting the ire of our neighbours later on.
The law is constantly in flux. While many people may find this intimidating, for us it’s precisely what makes it so exciting. We’d like to share this attitude with businesspeople and managers, and with those who just have an interest in business law, in the form of a regularly updated blog that discusses the latest tax law and commercial law issues in an accessible style. Feel free to send your questions and suggestions for topics you’d like us to cover to blog@jalsovszky.com.