Abandonment
The operational task is a legal term from company and tax law . This is available
- if the operational activity is finally stopped and the company ceases to participate as a living organism in economic life in a temporal connection with the cessation,
- if the farmer is the essential operating principles in a single process
- sold to one or several customers
- or entirely to his private assets transferred
- or partially sold them and partially transferred to his private assets.
Closing the business can be avoided by leasing all essential assets to a third party. The lessor can then continue the business as a dormant business enterprise. The hidden reserves of the dormant commercial enterprise are not to be revealed, but to be continued until further notice. The lessor can declare the cessation of business to the tax office at any time.
consequences
The cessation of operations leads to the disclosure of hidden reserves in accordance with Section 16 Paragraph 3 Clause 5 and 6 EStG . The resulting gain in posting may benefit from a collective agreement . A business closure profit is not subject to trade tax insofar as it is directly attributable to a natural person ( § 7 sentence 2 GewStG ).
Task gain
When the business is closed, the common value of the economic goods that have not been sold but that have been transferred to private assets is to be applied ( Section 16 (3) sentence 7 EStG). If the individual assets dedicated to the company are sold as part of the business closure, the sales prices are to be applied ( Section 16 (3) sentence 6 EStG).
When determining the income from the sale, the total of these sales proceeds and the fair value of the assets transferred to private assets are compared with the book value of the business assets . The difference is the posting profit after deducting posting and selling costs (notary fees, land registry fees, broker commission, transfer taxes, etc.).
Death of the entrepreneur
The death of the entrepreneur does not lead to the disclosure of the hidden reserves . According to § 7 Abs. 1 EStDV , the sole proprietorship business assets are assigned to the heirs . Co -heirs are considered co-entrepreneurs .
