A practical case study on an on-site income tax audit at a medium-sized GmbH: Repeated special payments to the controlling shareholder-managing director give rise to discussions regarding established business practice, deemed remuneration and hidden capital contributions, with significant income tax risks. Drawing on Federal Fiscal Court (BFH) case law and a detailed analysis of shareholders’ resolutions, this article demonstrates when a claim to special payments that is relevant for income tax purposes actually arises, and how tax advisers can effectively avoid phantom wages and hidden capital contributions through proper remuneration documentation.

Payroll Tax Audit: Special Payments to Shareholder-Managing Director

Case Study: Payroll Tax Audit—Special Payments to Shareholder-Managing Director Recently, during payroll (income) tax audit at one of our clients, a particularly practical case arose regarding the compensation of a controlling shareholder-managing director. The point of contention was the special payments made over many years (e.g., “Christmas bonus” or June/December payments)—and the question of whether these gave rise to an [...]
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