Copyright notice

Company information according to § 5 Telemediengesetz (German Telemedia Act) and §§ 2,3 Dienstleistungs-Informationspflichten-Verordnung (Ordinance on Service Providers’ Duty) as well as § 18 para. 2 Medienstaatsvertrag (State Media Treaty).

This website is a joint internet platform of the following companies:

Fidaris  .  Wirtschaftsprüfer  .  Steuerberater  .  Rechtsanwälte GbR

Bahnstraße 16
40212 Düsseldorf
Germany
Tel.: +49 211 – 54590-000
E-mail: info@fidaris.com

Legal form: Partnership under civil law
List of shareholders: Georg Keller, Stephan Lindermann, Dr. Martin Poggemann

Fidaris GmbH  .   Wirtschaftsprüfungsgesellschaft  .   Steuerberatungsgesellschaft

Bahnstraße 16
40212 Düsseldorf
Germany
Tel.: +49 211 – 54590-000
E-mail: info@fidaris.com

Registered office: Düsseldorf
Commercial register: Düsseldorf Local Court, HRB 1268
Legal form: Limited liability company
Managing directors: WP StB Stephan Lindermann, RA StB Georg Keller

The following person is responsible for the content of the publications and other information available on this site:

Stephan Lindermann WP/StB
c/o FIDARIS
Bahnstraße 16
40212 Düsseldorf
Germany

Competent supervisory authorities:

  • Chamber of Public Accountants KdöR, Rauchstraße 26, 10787 Berlin, Germany
  • Chamber of Lawyers Düsseldorf, Freiligrathstraße 25, 40479 Düsseldorf, Germany
  • Chamber of Tax Consultants Düsseldorf, Grafenberger Allee 98, 40237 Düsseldorf, Germany

All auditors, certified public accountants and tax advisers are appointed in the Federal Republic of Germany.

All lawyers have admission to Practise law in the Federal Republic of Germany.

The professional regulations for auditors are the Wirtschaftsprüferordnung (Federal Public Accountants Act), the Berufssatzung für Wirtschaftsprüfer und vereidigte Buchprüfer (Statutes for Auditors and Chartered Accountants), the Satzung für Qualitätskontrolle (Statutes for Quality Control), the Siegelverordnung (Seal Order Regulation) and the Wirtschaftsprüfer-Berufshaftpflichtversicherungsordnung (Professional Liability Insurance Rules for Auditors and Certified Accountants). The current version of the professional regulations can be found on the website of the Chamber of Public Accountants (Wirtschaftsprüferkammer): http://www.wpk.de/.

The professional regulations for tax advisers are the Steuerberatungsgesetz (Tax Advisers Act), the Durchführungsverordnung zum Steuerberatungsgesetz (Implementing Ordinance to the Tax Advisers Act), the Berufsordnung für Steuerberater (Professional Code of Conduct for Tax Advisers) and the Vergütungsverordnung für Steuerberater (Remuneration Ordinance for Tax Advisers). The current version of the professional regulations can be found on the website of the Federal Chamber of Tax Consultants (Bundessteuerberaterkammer): http://www.bstbk.de/.

Professional regulations for lawyers are the Bundesrechtsanwaltsordnung (Federal Lawyers’ Act), the Berufsordnung (Professional Code of Conduct), the Fachanwaltsordnung (Specialist Lawyers’ Code of Conduct), the Rechtsanwaltsvergütungsgesetz (Lawyers’ Remuneration Act), the Rechtsdienstleistungsgesetz (Legal Services Act), the Fachanwaltsordnung (Specialist Lawyers’ Code of Conduct) and the Berufsregeln der Rechtsanwälte der Europäischen Union (Professional Rules for Lawyers of the European Union). The current version of the professional regulations can be found on the website of the Federal Bar Association (Bundesrechtsanwaltskammer): http://www.brak.de/.

The professional liability insurance is at VSW Die Versicherergemeinschaft für Steuerberater und Wirtschaftsprüfer, Dotzheimer Str. 23, 65185 Wiesbaden. The geographical scope of the insurance cover includes services at least in the member states of the European Union and at least meets the requirements of § 54 Wirtschaftsprüferordnung (Federal Public Accountants Act) in conjunction with the Verordnung über die Berufshaftpflichtversicherung der Wirtschaftsprüfer und vereidigten Buchprüfer (Ordinance on Professional Liability Insurance for Auditors and Certified Public Accountants) as well as § 67 Steuerberatungsgesetz (Tax Advisers Act), §§ 51 ff. Verordnung zur Durchführung der Vorschriften über Steuerberater, Steuerbevollmächtigte und Steuerberatungsgesellschaften (Ordinance on the Implementation of the Regulations on Tax Consultants, Tax Agents and Tax Consulting Companies) and § 51, § 51a Bundesrechtsanwaltsordnung (Federal Lawyers’ Act).

General duty to inform according to § 36 Consumer Protection Act:

The competent consumer arbitration board in Germany for property disputes arising from a client-lawyer relationship is the Arbitration Board for the Legal Profession, Neue Grünstraße 17, 10179 Berlin, www.schlichtungsstelle-der-rechtsanwaltschaft.de.

Disclaimer:

On this website you will find information of a general nature. It is neither intended nor suitable to replace individual advice by competent persons, taking into account the specific circumstances of each individual case. We have taken the greatest possible care in compiling this information. Nevertheless, we cannot accept any liability, for whatever legal reason, for their correctness, topicality and completeness. For further and individual information, please do not hesitate to contact us.

Furthermore, we assume no liability for the content of external websites to which this site refers directly or indirectly via hyperlinks and over which we have no influence.

Website design and programming:

VOLTAIRE | Digitalagentur

AGN International Ltd (and its regional affiliates; together „AGN“) is a not-for-profit worldwide membership association of separate and independent accounting and advisory businesses. AGN does not provide services to the clients of its members, which are provided by members alone. AGN and its members are not in partnership together, they are neither agents of nor obligate one another, and they are not responsible or liable for each other’s services, actions or inactions.

Alternative Investments

„Gängelei“ und „Gestaltungs­wahn“

Der diesjährige „Tag der Industrie“ hat ein neues Verhältnis von Wirtschaft und Politik in Deutschland offenbart. Die Frankfurter Allgemeine Zeitung berichtete am 22. Juni 2021 über den „Tag der Industrie“ und die an die Kanzlerkandidaten gerichtete Frage des Präsidenten des BDI, ob Deutschland überhaupt noch Industrieland sein wolle. Über erkenntnisreiche Antworten gab es offenbar nichts zu berichten. Nur darüber, dass der Vorstandschef des Chemiekonzerns BASF der Politik „Gestaltungswahn“ konstatierte und der Europachef von BP von „Gängelei“ sprach.

Schon lange kennen wir diese Sorge vor wachsendem staatlichem Mikromanagement, vor der schleichenden Kriminalisierung von Steueroptimierungsstrategien und vor weitergehenden Maßnahmen, die den Fondsstandort Deutschland unattraktiv machen. Seit Jahren lautet die Anpassungsmaßnahme: Flucht in andere Jurisdiktionen, insbesondere nach Luxembourg.

Ob und in welchen Fällen ein solcher Schritt sinnvoll sein kann, welche strategischen, operativen und kostenrelevanten Implikationen zu beachten sind und wie ein solcher Schritt umgesetzt werden kann, erfahren Sie von unseren Experten. Sprechen Sie uns an!

Benötigen Sie Unterstützung?

Dr. Martin Poggemann
Telefonnummer: +49 211 545900-52
m.poggemann@fidaris.com

Always think outside the box: As both a lawyer and tax adviser, I like to think of myself as a networker for developing solutions that work for you both legally and fiscally.

Dr. Martin Poggemann, Partner
  • Legal advice (esp. commercial and corporate law, labour law, company law)
  • Tax consultancy (esp. corporate tax law, international tax law, transfer pricing)

Graduate and doctorate in law at the University of Hanover. Legal cleric at the Higher Regional Court of Celle with a final six-month posting at the Lower Saxony Tax Court. Worked for many years in the tax and legal departments of a ‘big four’ company based in Duesseldorf, most recently as an authorised signatory in the international tax department. From 2008 to 2021, partner in the tax and legal departments of a medium-sized international consulting firm in Duesseldorf.

Phone number: +49 211 545900-52
m.poggemann@fidaris.com

Opportunities don't happen – we create them.
As your adviser, I use all of the legal and fiscal freedom and flexibility available to find the right solutions for you.

Georg Keller, Partner
  • Tax structuring advice
  • Corporate transactions and reorganisations
  • Succession planning and concepts
  • Taxation of real estate

Graduated at the Federal College of Public Administration. Went on to study law and business administration at the University of Cologne. Several years of consulting experience with one of the ‘big four’ international consulting firms. Since 1998, partner in a medium-sized internationally oriented consulting firm in Duesseldorf.

Phone number: +49 211 545900-21
g.keller@fidaris.com

Legal Advice

We are available to advise you on all legal matters. Although we specialise in areas of law that affect businesses, in particular commercial law, we also consider all aspects governing tax law. Due to the close cooperation between our lawyers and our auditors, we are also able to manage economic issues such as financing questions and bank negotiations. In special cases such as patent law, intellectual property law, cartel law, etc., we work together with specialised cooperation partners in Germany and overseas. If you are setting up a business, we accompany you from the very start, in the choice of the right legal form, the drafting or adaptation of articles of association and the drafting of employment contracts. If restructuring your business should be necessary at any time, we are there to advise on planning and to ensure proper legal implementation.

Private law mediation can help avoid drawn-out and costly legal battles. As experienced mediators, we support parties with goal-oriented communication and structured procedures to resolve disputes amicably in compliance with professional and methodical standards. Especially in family matters, such as inheritance disputes or marital separations, individual solutions favorable for all parties can very often be found outside court.

Tax Consulting

Our experience and fields of specialisation enable us to provide tailored tax advice. By continually assessing the risks and monitoring obligations and tax deadlines, we provide first-class consultancy and tax declarations. Our services also include the monitoring of tax audits, the enforcement of tax law as well as the coordination of foreign tax advisers and the necessary FATCA/CRS compliance. Complex issues of international staff secondment, inheritance, wills, succession arrangements and gifts as well as general international tax law are our day-to-day business, as are external tax audits, audits by health insurance funds, employers’ liability insurance associations, customs offices, etc. We develop and draw up a transfer pricing policy to ensure compliance with both German and overseas tax laws. To prevent your tax activities from becoming the subject of a criminal tax investigation, we offer important information and preventive advice in order to properly assess your tax risks.

Auditing

As modern auditors, we offer you more than just an audit of your accountancy. Comprehensive, high-quality and future-oriented auditing services must always translate into added value for the client: From brainstorming in difficult decision-making situations to investment appraisals and auditing services to safeguard voluntary or statutory annual financial statements.

Take advantage of our diversity and our independent feedback to make sure you make the right decisions for your business.

Audit services

Our group and annual audits are geared to the individual requirements of your company. The in-house meetings with all levels of a company are a vital aspect of our audits. Our high quality is confirmed by the regulatory authorities during their regular quality assessments.

Mergers and acquisitions

As soon as a company is bought or sold, a variety of legal, tax and economic questions arise. Our experience and knowledge contributes to a successful sale or takeover while accompanying every step along the way:

  • Financial due diligence
  • Tax due diligence
  • Legal due diligence

Business valuation

Depending on the purpose of a valuation (sale, purchase, donation, inheritance, merger, etc.) we can determine the economic value of entire companies, company shares as well as intangible and tangible assets based on recognised standards (national and international).

In doing so, we adapt our services to your individual needs:

  • Support in initial discussions to establish reasons for your purchase or sale consideration
  • Preparation of an initial business valuation to assess your investment or divestment decision
  • Determination of your personal marginal price (maximum purchase price/minimum sale price)
  • Preparation of a complete business valuation in accordance with IDW (Institute of Public Auditors in Germany, Incorporated Association) standards.

International Organisations

Germany benefits from BREXIT as a business location

Since the UK left the EU, foreign investors are increasingly using Germany as a business location to access the EU single market. Good infrastructure, a well-trained workforce and a stable legal system play an important role in this decision.

Once a new location in Germany has been found, it is necessary, among other things, to establish business units, obtain legal permits, conclude tenancy agreements, hire employees, obtain residence permits and complete tax registrations. Companies can then very soon expect the first tax obligations (VAT registrations), combined with accounting and business management tasks as well as analysing and pricing of intra-group transactions.

FIDARIS supports you in setting up subsidiaries for foreign investors and handles the legal, tax and business management arrangements.

Do you need assistance?

Georg Keller
Tel.: +49 211 545900-21
g.keller@fidaris.com

Alternative Investments

Accusations of "interference" and "nanny state"

This year’s “Day of Industry” revealed a new relationship between business and politics in Germany. On 22 June 2021 the national FAZ newspaper reported on the “Day of Industry” and the question posed by the President of the BDI (Federation of German Industries) to the chancellor candidates as to whether Germany still intended to be an industrial country at all. The candidates themselves evidently had no decisive answers to the question. As opposed to the non-responsive candidates, the CEO of the BASF chemical group accused politics of turning into a “nanny state” and the European boss of BP spoke about “patronization”.

We have long been aware of the growing concern about the micromanagement of the state as well as of concerns about the subtle criminalization of tax optimization strategies and about further measures making Germany less attractive as an investment fund location. For many years the response has been to seek other jurisdictions to operate in, especially Luxembourg.

Our experts advise you how and when a step such as the one mentioned above is favorable, which strategic, operational and cost-relevant implications have to be considered and what actions have to be taken to implement your interests. Contact us today!

Do you need assistance?

Dr. Martin Poggemann
Tel.: +49 211 545900-52
m.poggemann@fidaris.com

Financial Services

Securities Industry Act (WpIG) enters into force in Germany

On 26 June 2021 the new Securities Institutions Act (WpIG) came into force thus removing the supervision of securities firms from the German Banking Act (KWG) and applying new regulations. Its purpose is to create an uncomplicated legal system proportional to complexity of small and medium-sized investment firms.

The new Securities Institutions Act essentially regulates the following aspects in relation to size and importance of investment firms:

  • Equity requirements
  • Requirements for organization of the company and obligations of disclosure-Standards
  • Standards for assessing the adequacy of internal capital requirements
  • Requirements for the board of directors and supervisory bodies
  • Regulations on remuneration policy

Although it appears, at first glance, as if a new regulation from the Federal Financial Supervisory Authority (BaFin) will essentially transfer the requirements for banks to securities firms, there are in fact numerous changes that on the one hand lead to tightening, but on the other hand to significant simplification and benefits for the institutions concerned.

Use our gap analysis to assess your status quo and benefit from a practical and audit-proof implementation. Contact us today!

Do you need assistance?

Dr. Martin Poggemann
Tel.: +49 211 545900-52
m.poggemann@fidaris.com

Public Sector

Taxation of Public Authorities

The public sector often competes with private-sector firms, providing a wide range of services outside of its core obligations. Driven by European legal requirements, the tax authorities are increasingly turning their focus to the taxation of the public sector. It is therefore necessary to monitor the implementation of new tax legislation- such as § 2b Sgt (German VAT law) – to comply with statutory requirements and to use fiscal leeway for minimising tax liability. Although taxes have long been an important topic, many in the public sector are not even aware of their tax obligations. FIDARIS supports all public sector activities in their development into business management enterprises. Do you need assistance? Stephan Lindermann Tel.: +49 211 545900-27
s.lindermann@fidaris.com

Private Individuals, Families and Self-Employed Individuals

Will there be changes to inheritance tax?

Successful succession planning is important for the retention of large assets, especially when it involves company succession. When a family business passes from one generation to another, the different interests of the generations must be aligned with the needs of the business. The drawing up of a suitable will or inheritance contract also plays an important role. As a result of globalisation, the assets of many families and private individuals are often spread around the world. In this situation, it is recommended to seek advice in order to prevent the double taxation of wealth and assets in individual countries. The upcoming general election in Germany is causing uncertainty as to whether a new government will increase taxes to cover the considerable costs of the Corona pandemic and the flood disaster.

We facilitate the generational transition, develop individual solutions with the parties and beneficiaries involved and manage the numerous legal and tax hurdles, for example in providing financial security for the entrepreneur and family or in transferring assets to minors.

Do you need assistance?

Georg Keller
Tel.: +49 211 545900-21
g.keller@fidaris.com

SMEs & National Companies

Tax Risk

We have noticed that tax authorities are increasingly taking audit results as an opportunity to initiate criminal tax investigations. In today´s regulatory environment, even minor discrepancies or omissions seem to be sufficient to criminalize companies and their management. To avoid encountering these types of problems during a tax audit, it is highly advisable to set up and manage your documents with a so-called “Tax Compliance Management System” (Tax-CMS). This essentially helps companies document their own business procedures to ensure the thorough and correct preparation of business tax returns. If this documentation is available to the tax authorities on time, it may avert any accusations of tax evasion, whether with intent or by negligence. FIDARIS provides support in the planning and documentation of your tax processes. Do you need assistance? Stephan Lindermann Tel.: +49 211 545900-27 s.lindermann@fidaris.com

Accounting

Accounting is the root of any company: This is where the company’s management data and information is stored and where the annual financial statements are drawn up in compliance with commercial and tax law.

Our services:

  • Processing of current accounting
  • Payroll accounting for your employees
  • Business controlling analyses
  • Planning calculations
  • Insightful monthly, quarterly and annual financial statements

Accounting & reporting

As your accounting partner, we manage a part or all of our clients’ accounting, including payment transactions, dunning and management reports. We do so by adapting our methods to your company’s processes, right up to an integration into your accounting systems such as SAP, Navision, EXACT Online, SAGE, Addison etc.

Payroll accounting and payroll tax optimisation

Efficient and qualified payroll accounting is a cornerstone of any financially sound company. As part of proper compliance and to minimize material risks, we prepare your payrolls using efficient, digitised processes to achieve a high level of transparency.

Our consultants support with operational and strategic payroll tax advice. By means of highly qualified strategic consulting, we support medium-sized to DAX companies in all payroll tax issues. This includes analysing tax-relevant business processes and optimising tax expenditure as well as ways to avoid wage tax and criminal law risks. Our activities also cover support with external wage tax audits, providing defence against unjustified tax evasion claims and the enforcement of rights in legal proceedings up to the Federal Fiscal Court. Wage tax contract optimisations, advice on HR management guidelines and the establishment of compliance and internal controlling systems are also part of our services.

Take the risk or lose the chance -
As an auditor, I see it as my task to help you in clearly identifying risks and leveraging your opportunities.

Stephan Lindermann, Partner
  • Auditing
  • Due diligence and business valuation
  • Company succession

Studied economics at the University of Karlsruhe. Subsequently worked in consulting and auditing at one of the “big four” auditing companies with a most recent top management position in the international sector. Since 2000, partner in a medium-sized, internationally oriented consulting firm in Duesseldorf.

Phone number: +49 211 545900-27
s.lindermann@fidaris.com