Imputed entrepreneur's wage
The imputed owner's salary is in the accounting part of the imputed costs , which the contractor for his work as CEO are fictitious basis.
General
There are types of costs in the company that do not appear as expenses ( pagatorial costs ) in the profit and loss account , but still have to be taken into account when calculating the costs . These additional costs or other costs are taken into account in the internal company pricing, so that the cost of the cost carrier strain with the effective values of consumption. These imputed costs include, in detail, depreciation , interest , rent , entrepreneur wages and risks .
Entrepreneur wages
The shareholder- managing director of a GmbH or AG receives (in addition to his share of the profits as a shareholder) a managing director's salary, which represents part of the personnel costs for the GmbH / AG . However, there are legal forms for which this form of representation is not permitted for legal reasons. Sole proprietorship and partnerships are particularly affected, as self-organization requires that the shareholders have the power to represent the company by law. However, the entrepreneur is not allowed to pay himself a salary (prohibition of self-contracting ). The fully liable managing directors of these legal forms are nevertheless entitled to remuneration for their management which they either do not receive or only partially receive from the company.
The entrepreneur's wages are then the difference between the actual withdrawals and the fictitious manager's salary customary in the market (other costs). If no withdrawals were made, the imputed entrepreneur's wages fully correspond to the fictitious manager's salary customary in the market; then there are additional costs. According to § 121 Abs. 1 HGB the entrepreneur is initially entitled to a share of 4% of his capital share of the profit ( interest share ), the remaining balance is to be distributed among the shareholders "according to head" ( profit share ; § 121 Abs. 3 HGB).
The BGH - jurisprudence prohibits formulaic flat rates of the imputed entrepreneur's wages, for example due to the outdated soap formula . In each individual case, she expects a specifically justified entrepreneur's wage based on an individual determination. According to No. 24, Paragraph 3 of the “Guidelines for determining prices based on cost costs (Annex to Regulation PR No. 30/53 of November 21, 1953)”, the imputed entrepreneur's wages are “independent of the actual withdrawals made by the entrepreneur in the amount of the average salary of an employee with equivalent activity in a company in the same location, same line of business and same importance or with the help of another objective measure of performance. The size of the company, the turnover and the number of entrepreneurs working in it must be taken into account. "
Business aspects
Imputed costs are offset in the cost accounting and are also included in the operating result , but have no effect in the external annual financial statements under commercial law and are therefore not recognizable there. The internal price calculation is not based on the commercial result, but on the result of the operational accounting , where the imputed costs are recorded. The lower price limit would be calculated too low if the imputed rents and leases were not included. The internal price calculation provides the price that a company would ideally have to charge on the market for its products or services . If this price cannot be achieved for reasons of competition, the competitive price must be selected. Imputed costs should generate a fair, comparable cost structure within the framework of a profit center calculation .
Tax assessment
The topic and discussion about the imputed entrepreneur's wages emerged in January 2009. On January 1, 2009, the tax legislature changed the Valuation Act to the effect that, instead of the so-called Stuttgart process for valuation of unlisted shares (i.e. GmbH shares), it now introduced a simplified capitalized earnings method in Section 199 et seq. both for unlisted shares and for sole proprietorships, partnerships and the liberal professions . The amount of the entrepreneur's wages is determined according to the remuneration that an uninvolved management would receive ( Section 202 Paragraph 1 No. 2 Letter d Sentence 2 BewG).
The financial management process is a company valuation process based on past figures . Peter Knief has dealt extensively with the problem. The tax assessment of the liberal professions (e.g. doctors, tax consultants, lawyers, etc.) raises considerable problems in the practice assessment. Knief has described in detail the determination of the imputed freelance salary and the practical assessment.
See also
Individual evidence
- ↑ Clemens Kaesler, cost and performance accounting of accountants , 2011, p. 30 ff.
- ^ BGH, judgment of February 6, 2008, Az .: XII ZR 45/06
- ↑ Guidelines for determining prices based on cost (Annex to Regulation PR No. 30/53 of November 21, 1953)
- ↑ Peter Knief, The imputed entrepreneur wages for sole proprietorships and partnerships , in: DER BETRIEB 2010, p. 289 ff.
- ↑ For doctors in BM 2010 / February of the IWW publishing house; for tax consultants in DStR 2008, pp. 1895 ff .; for lawyers in Anwaltsblatt 2010, issue 2, p. 97 ff.