Release from debt
An indemnification or assumption of performance is a contract in favor of a third party , in which, in contrast to the assumption of debt or the assumption of debt, the person taking the exemption does not appear as a new debtor, but only exempts the original debtor internally from the debt (see § 329 , § 415 para. 3 BGB ).
Exemption from debt in the event of the transfer of business assets
If an obligation is not transferred as part of a business asset transfer, d. H. the previous contractual relationship between the seller and the obligee continues unchanged, and the transferee undertakes to release the seller from the future performance obligations without directly assuming the debt, this process justifies a debt release, which as a new obligation in the The balance sheet of the person obliged to indemnify (buyer) is to be shown as a certain or uncertain liability. The person entitled to exemption (seller) has to activate a corresponding claim.
Individual evidence
- ↑ see BFH judgment of December 16, 2009, BStBl. 2011 II p. 566
- ↑ BMF - Letter of June 24, 2011, No. 6.7.
