Recognition of losses from prematurely terminated life and pension insurance as advertising costs judicial clarification runs the proConcept AG leads and financed the financial court action for recognition of the advertising costs from the early termination of a life or pension insurance contract for their customers. That the case of premature termination of the insurance contract as advertising costs with revenue from capital assets are taken into account incurred expenses for completion and management relating to life and pension insurance and to offset the taxable income are aimed with the lawsuit. The Court grants this action, the judgment has signal effect for millions of former owners of life and pension insurance and entail significant tax losses. The plaintiff, who had paid a life insurance mutual total 31.099, 20 euro at the time of the 01.08.1993 until the 01.07.1996 in the life insurance contract with the WWK got a buy-back value of 30.827,23 Euro including all bonuses and capital gains paid out. Still capital gains taxes (after deduction of the parent) were retained by this value of 326,-euro; Income tax by a total of 4.078,94 euros was adopted so far and confirmed by the WWK, without taking account of the actual cost of advertising of 4.350,91 euros but. The proConcept AG had in the run-up to accompany a variety of income tax returns and for their customers at different tax authorities claimed the recognition of losses of life and pension insurance.
Some tax offices were followed, until they were stopped by a statement of the Federal Ministry of finance and are transferred again to the previous practice. Now a universally binding should process a pending before the Finanzgericht Dessau pattern\”decision and constitutional review of the existing tax law practice be achieved. Leading legal scholars, chambers of tax advisors, accountants and payroll tax help clubs have already joined this opinion and request tax recognition of losses. For more information see neil cole.