Corporates

 

Hofmann Klafsky & Fertig advises companies throughout their entire lifecycle: from incorporation to satisfaction of ongoing tax obligations to dissolution or winding up (including in the event of sale, restructuring, succession or liquidation). When establishing a new company or making an investment, questions regularly arise as to the appropriate legal structure of that company or investment from a tax optimisation perspective. Similarly, to finance business ideas, traditional start-ups often organise so-called financing rounds, in which investors usually provide the necessary financial resources in return for shares or silent partnerships. Consideration of tax issues is important in all aspects of establishing and running a business or attracting Investment. Hofmann Klafsky & Fertig have the expertise and knowhow to satisfy your tax advice needs.

The interests of companies are often not aligned with those of the tax authorities and this can lead to circumstances where tax related disputes between companies and tax authorities cannot be resolved by way of an ongoing tax field audit and, in order to protect the rights of companies, may instead need to be escalated to appeal or legal proceedings. Further, in some cases, companies may have a legitimate argument for protection or exemption from taxes due to the uncertainty of application of tax laws and regulations based on constitutional or European law grounds. As an example of this, it was unclear for many years as to whether the so-called restructuring clause of sec. 8c para. 1a Corporate Income Tax Act constituted inadmissible state aid under European law and therefore could not be applied. This meant that sec. 8c para. 1a Corporate Income Tax Act was suspended and could not be applied before the Court of Justice of the European Union made its final decision in this case. After years of uncertainty, the Court of Justice of the European Union’s ruling in June 2018 clarified this situation. Pursuant to this ruling, the German tax legislator revised and clarified the application of this restructuring clause to provide further certainty to businesses and individuals. Hofmann Klafsky & Fertig have and will continue to follow the developments in this regard.

When founding a company, questions regularly arise as to the appropriate legal form. Furthermore, investments shall be structured in tax-optimized manner. To finance business ideas, traditional start-ups often organise so-called financing rounds, in which investors usually provide the necessary financial resources in return for shares or silent partnerships.

In the case of cross-border activities of companies, there is basically the opportunity of not recording the same facts but also the risk of the same facts being recorded in two jurisdictions. Germany has concluded conventions for the avoidance of double taxation with most industrialized countries for income tax purposes. These agreements thus form the regulatory basis between the states in order to share the tax substrate between the states in the case of cross-border activities of companies.

The applications are manifold. Essentially, the rights of taxation shall be allocated to one or the other state, for example which portion of the profits of a company shall be allocated to the enterprise and which portion shall be allocated to a permanent establishment; which state has the right to tax dividends, interest or licenses. Can the state of source withhold taxes and, if so, to what extent, and can the taxes withheld be reimbursed or credited in the home country?

When acquiring target companies, investment structures are generally established in which the income from repatriation and sale is burdened as little as possible by taxes. At the target company, the remaining tax risks must be allocated through appropriate tax clauses in the purchase agreement between seller and buyer.

In cases where a company’s equity is almost or already used up and restructuring measures are pending, transaction costs from restructuring such as taxes should be avoided wherever possible in order to protect the proceeds of the company.

This can involve a wide range of tax issues. For example, there are often shareholder loans that shall be restructured in order to prevent the company from over indebtedness. In this context, subordination agreements are regularly concluded or waivers of claims by the shareholders are examined. After the application so-called restructuring decree of the tax authorities was denied by the Federal German Tax Court in 2017 (most recently, for example, Federal German Tax Court resolution of 16 April 2018, X B 13/18), the legislature has now created statutory provisions in sec. 3a ITA and § 7b TTA according to which restructuring profits are not subject to tax under the conditions described therein. However, the provisions of sec. 3a ITA and § 7b TTA can only come into force after approval by the EU Commission.

The reasons are manifold. While in some cases personal liability should be limited to the proceeds of a company, in others the structure should be simplified or prepared for possible purchasers or successors. In cases of reorganization, transaction costs such as taxes should usually be avoided wherever possible. In depth know-how and experience are therefore required, particularly in the areas of reorganisation tax and real estate transfer tax law. Here you can see some examples of reorganizations that we have accompanied for tax purposes.

Hofmann Klafsky & Fertig advises on the identification and quantification of tax risks in connection with acquisitions in order to determine the purchase price and negotiate the tax clause in the purchase agreements. The scope and intensity of the tax due diligence are determined according to the needs of the acquirer. Depending on the scope of the investment and the possible risks associated with it, the results of the tax due diligence can be summarized in so-called red flag reports or in detailed reports.

In some cases, legal uncertainties remain despite thorough research undertaken, for example because there are no relevant or contradictory court rulings or opinions provided by the tax authorities. In order to exclude or at least minimize remaining risks, it may in some cases make sense to apply for so-called binding ruling from the responsible tax office. Binding rulings can only be given if it refers to a planned action and therefore was not implemented yet. The tax office charges a fee for processing the binding ruling.

Services for individuals

Hofmann Klafsky & Fertig has extensive experience in advising individuals in local and international tax matters with a particular focus on the following areas:

With the globalisation of organisations and the increasing cross-border deployment of employees with those organisation, consideration of the cross-jurisdictional tax issues is critical for any expatriate. Hofmann Klafsky & Fertig has expertise in advising private individuals on the taxation of their income, the calculation of tax equalisation procedures/hypothetical taxes, net wage agreements and the taxation of employee remuneration models (e.g. stock options) within the framework of their assignment from Germany abroad or from abroad to Germany. Hofmann Klafsky & Fertig is also qualified to provide specialised tax advice to cross-border commuters, expatriates and relocations as well as wage tax treatment by employer organisations.

Tax provisions are subject to constant changes and reforms. Hofmann Klafsky & Fertig advises individuals on pending changes to the law and is adept at providing clear and concise advice on how the proposed changes and reforms may impact on an individual’s current tax situation and how that individual may be benefitted or, conversely, adversely affected and, in this scenario, the steps that can be undertaken to mitigate tax exposure.

As a consequence of increasingly far-reaching international disclosure practices, information exchanges between tax authorities in different countries and enhanced regulation obliging financial institutions to disclose previously confidential information, the risk that previously undisclosed income or assets will be discovered by the tax authorities and individuals subject to prosecution for tax evasion has increased significantly. Hofmann Klafsky & Fertig is experienced in advising individuals in the preparation of voluntary disclosures (and the circumstances in which they should be considering a voluntary disclosure to tax authorities) and, where necessary, supporting them in criminal tax proceedings.

In some cases, legal uncertainties remain despite thorough research undertaken, for example because there are no relevant or contradictory court rulings or opinions provided by the tax authorities. In order to exclude or at least minimize remaining risks, it may in some cases make sense to apply for so-called binding ruling from the responsible tax office. Binding rulings can only be given if it refers to a planned action and therefore was not implemented yet. The tax office charges a fee for processing the binding ruling.

Hofmann Klafsky & Fertig have a broad range of experience in advising individuals on estate succession planning and inheritance to ensure that assets are transferred and dealt with in the most tax effective manner.

Through its international network, Hofmann Klafsky & Fertig has the experience and knowhow to advise individuals on the tax consequences of relocating their domicile to or from, and declaring their income in or outside of, Germany.
Individuals who intend to move from Germany to another country or move from abroad to Germany often face tax consequences. Hofmann &amp Fertig advises individuals on the tax consequences of relocating their domicile and declaring their income in Germany. This may apply, for example, in cases in which an individual intending to change its residency holds a significant interest in a corporation. Therefore, the change of residency should be carefully planned in advance and specialised tax advice sought.

If an individual own assets in another jurisdiction or earns foreign income, or if they intend to move from Germany to another jurisdiction or vice versa, international tax provisions will apply and conventions for the minimisation of double taxation between Germany and the respective country must also be taken into account in determining the tax liability of that individual. Hofmann Klafsky & Fertig has the relevant expertise to assist individuals in navigating the complex issues arising from cross-border taxation issues.

Tax assessment notices issued by the tax authorities may not be correct. According to statistics from the German Federal Ministry of Finance, two out of three appeal proceedings in relation to tax assessment notices are successful. Hofmann Klafsky & Fertig can support and guide individuals in the review of their tax assessment notices and, where appropriate, successfully challenging that tax assessment in appeal proceedings or the tax courts.

Tax assessment notices issued by the tax authorities may not be correct. According to statistics from the German Federal Ministry of Finance, two out of three appeal proceedings in relation to tax assessment notices are successful. Hofmann Klafsky & Fertig can support and guide individuals in the review of their tax assessment notices and, where appropriate, successfully challenging that tax assessment in appeal proceedings or the tax courts.

Hofmann Klafsky & Fertig provides tax support to individuals in respect of the acquisition and disposal of real estate (including, income tax, real estate transfer tax and value added tax arising on any such acquisition or disposal), the ongoing determination of taxable income derived from real estate assets, the valuation of real estate assets (in the context of succession planning or otherwise) and the retention of real estate assets through compliant tax minimising vehicles and structures.
Furthermore, Hofmann Klafsky & Fertig can offer viable and effective tax planning solutions for the incurrence of capital expenditure and other improvement costs in relation to real estate assets and suitable tax arrangements for related parties, for example, in the instance real estate assets are rented to family members.

Hofmann Klafsky & Fertig advises individuals on tax-optimised structuring of their affairs.
According to supreme court rulings, it is generally accepted that relatives who typically lack a conflict of interests are allowed to structure their legal relationships among themselves as favourably as possible from a tax perspective and that the motive of saving taxes does not yet make a tax structure inappropriate. A legal form is usually only inappropriate if the taxpayer does not use the form envisaged by the legislator to achieve a certain economic goal, but instead chooses an unusual or artificial way in which the goal is not to be attainable according to the assessments of the legislator.

If an individual receives severance payments as a result of redundancy or employer restructuring programmes, these severance payments are subject to special tax treatment in Germany. Hofmann Klafsky & Fertig are specialised in advising individuals on the taxation of severance payments, including in the event an individual is proposing to change their country of residence.

Private individuals with a high income, in particular, individuals with an annual income in excess of EUR 500,000 may be subject to a tax audit by the tax authorities. Hofmann Klafsky & Fertig can support and guide individuals during a tax audit to ensure that their rights and interests are protected.

Succession planning

 

Hofmann Klafsky & Fertig accompanies you as an entrepreneur or individual throughout Germany in the (tax-optimised) transfer of your company assets or private assets during your lifetime or from death. After identifying your wishes and needs, Hofmann Klafsky & Fertig will show you tailored solutions for the transfer of your assets and implement them together with you. Early planning is essential for a successful handover.

Hofmann Klafsky & Fertig also advises heirs and gift recipients on tax issues following the transfer of assets, e.g. when it comes to preparing tax returns or issues such as inheritance disputes, foreign assets or legacies.

Hofmann Klafsky & Fertig advises you in particular on the following topics:

In some cases, legal uncertainties remain despite thorough research undertaken, for example because there are no relevant or contradictory court rulings or opinions provided by the tax authorities. In order to exclude or at least minimize remaining risks, it may in some cases make sense to apply for so-called binding ruling from the responsible tax office. Binding rulings can only be given if it refers to a planned action and therefore was not implemented yet. The tax office charges a fee for processing the binding ruling.

Hofmann Klafsky & Fertig carries out the valuation of companies for you as an entrepreneur, buyer, seller, heir, donee or as a service for other tax advisers, lawyers or notaries. Different valuation methods are used, such as the simplified capitalized earnings value method (vereinfachtes Ertragswertverfahren), the modified or full IDW S1 valuation method. A complete evaluation according to the standard IDW S1 is often not required. Accordingly, the less complex evaluation methods can often be applied. Upon your request, Hofmann Klafsky & Fertig will first offer you a so-called value indication. The company value is determined according to the simplified capitalised earnings value method and then verified on the basis of the modified IDW S1 method. In many cases this procedure is sufficient and less expensive than a valuation according to IDW S1.

What happens if you suddenly fail as an entrepreneur?

The emergency kit is recommended in case of unforeseen temporary failure or death.

  • Important information is often bundled in one person and is usually not documented. In the event of a failure or death of the entrepreneur, successors or representatives often find it difficult to obtain the necessary information and documents. This could jeopardize the continuation of the company. There may be a risk of customer churn or a reduction in the value of the company. To prevent this, it is advisable to create an emergency case.
  • The emergency kit contains all important information and documents such as information about a possible will, appointment of a representative, passwords, important contracts, customer information.
  • The emergency kit can, for example, be set up in a physical folder but also in a digital form.

An emergency case is successful when it is tailor made and thus covers all the special features of the individual case. Based on experience, the creation of an emergency kit during the lifetime of an entrepreneur is generally an easy and routine task whilst it can be a very challenging and time-consuming effort for the representatives or successors. Further, there is also the risk of company downtime.

We will be happy to support you in creating your individual emergency kit.

Hofmann Klafsky & Fertigsupports e.g. tax consultants, lawyers or notaries in tax issues in connection with inheritances and gifts.

Hofmann Klafsky & Fertig provides a “sample death” for you. Even if it sounds a bit macabre at first, it helps to simulate the inheritance and the resulting tax consequences in order to uncover any need for action. If there is a sudden loss of an entrepreneur or also of a private person, undesirable tax or inheritance consequences may occur, which have so far remained unobserved.
In a first step your current situation will be determined; in this process your financial situation (assets, insurances, debt, etc.) and any available succession measures will be identified. On this basis you will be shown the inheritance law and inheritance tax consequences. Often your intention on how your assets will be transferred is not reflected in this result. On this basis individuals may be unpleasantly surprised if assets were transferred to persons by applicable law which shall not be the case in the view of the decedent.
The findings from the “sample test” are the basis for succession planning. Hofmann Klafsky & Fertig helps you to find tailored solutions that correspond with your will and needs.

Hofmann Klafsky & Fertig prepares inheritance tax returns for you and carries out the necessary valuations of your inherited assets.

Not only since the implementation of the EU Succession Regulation (No. 650/2012) in 2012, there is an increasing number of cases in which not only German inheritance and tax law applies, but also foreign law is involved. This can lead to a bad awakening in the case of international inheritances and gifts, so that in these cases early consideration must be given. Hofmann Klafsky & Fertig advises in cross-border succession planning.
Hofmann Klafsky & Fertig provides advice in the context of cross boarder situations such as children study or live abroad, companies are set-up in a foreign jurisdiction, you receive foreign assets or a relocation of someone’s residency is intended or a second residency abroad is maintained, e.g. in order to spend your old age abroad. Adverse (tax) consequences can occur for example if you established your last will in accordance with German law but spend the majority of your time abroad, e.g. in Spain. Hofmann Klafsky & Fertig advises you in these cases with regard to the tax effects and show you ways in order to optimize your affairs.

Hofmann Klafsky & Fertig will advise you on tax optimized transfers of your private assets. You will be shown options for transferring your assets, such as securities, life insurance policies, real estate, shares in, for example, asset-managing partnerships or family homes, e.g. within the framework of anticipated succession. Your future financial needs should also always be taken into consideration, assets can already be transferred and yet you can still reserve further income from this, for example with usufruct arrangements.
Even if you have no children and thus no direct descendants, or if you do not wish to consider family members who are entitled to inherit by law, Hofmann Klafsky & Fertig will show you options to transfer your accumulated assets so that the assets are ideally not reduced by taxes. In these cases, the establishment of a foundation may be an interesting solution.
Hofmann Klafsky & Fertig also advises future heirs and gifted persons, if you will receive assets and tax related questions arise.

Hofmann Klafsky & Fertig will show you tax planning options for transferring your company assets to the next generation or a nonfamily member. Corporate reorganization may be required, intense discussions with family members or finding a buyer, which requires timely planning.

Hofmann Klafsky & Fertig will show you the tax consequences of your current will or support you in the tax aspects of drafting your will. A large proportion of wills drawn up by individuals themselves are not legally binding because, for example, the required form has not been adhered to. There are often disputes within families because the wording of wills is unclear and thus have to be interpreted. This can lead to long-term disputes. Prominent examples are regularly discussed in the media.
The so called “Berliner Testament”, is often not recommendable from a tax point of view, because inheritance tax is incurred, which could be avoided.

Hofmann Klafsky & Fertig will show you the tax consequences of your chosen or desired matrimonial property regime (Güterstand). Spouses, applying the separate estate (Gütertrennung), cannot benefit from the tax-free equalisation of surplus in the event of inheritance. With the so-called modified joint ownership (Zugewinngemeinschaft), the advantages of a separate estate can often be combined with the tax advantages of a joint ownership.
The so-called “Güterstandsschaukel” is a common model accepted by the tax authorities to transfer assets to the spouse in a tax optimal manner. If, for example, spouse A who lives in the legal matrimonial property regime of the joint ownership (Zugewinngemeinschaft) has assets of 2 million euros and spouse B has no assets and the spouse A would like to transfer assets to spouse B in excess of the tax-free amount of 500,000 euros, gift tax would become due and payable in the event of the transfer. In order to avoid such gift tax, the spouses can change their matrimonial property regime from the joint ownership (Zugewinngemeinschaft) to a separate estate (Gütertrennung) by notarized agreement. Upon this change the surplus of 1 million euros will be transferred to the other spouse in a tax-free manner.

The number of real estate owners in Germany is increasing. Hofmann Klafsky & Fertig supports you in transferring real estate assets held, as private assets or via asset management companies in a tax-optimised manner. You will be shown individual options tailored to your needs, also with regard to the use of the family members as a tax-saving transfer model.

Hofmann Klafsky & Fertig supports you in the valuation of your private assets, such as shares in asset-managing companies or real estate assets, for example in the context of inheritances and gifts or in divorce proceedings.

Expert Opinion Services

Tax issues applying to you or your business are complex, diverse and ever changing, both locally and internationally. We at Hofmann Klafsky & Fertig recognise that you may not have the time or the resources to dedicate to this highly specialised but critically important area of your personal affairs or business so, to ensure that you (or your clients) remain in compliance with applicable tax laws and regulations and, importantly, optimise your (or your client’s) tax position, we offer a broad range of expert opinion services in the following key areas:

  • Income tax
  • Corporate tax
  • Inheritance and gift tax
  • Rorganization of companies

We provide opinion services to a wide variety of individuals and businesses, including private individuals, high net worth or sophisticated investors, companies, lawyers, notaries and other tax consultants addressing both German and international tax related matters with our experience extending to:

  • Providing one-off or regular bespoke pieces of advice on applicable tax laws and regulations
  • Reviewing and providing a second opinion on complicated tax matters
  • Conducting or consulting on (internal and external) tax audits
  • Delivering expert opinions in tax related investigations or court proceedings

As proven and certified experts in the above fields of practice, we are committed to providing quality, commercial and pragmatic expert tax advice and opinions specifically tailored to your (or your client’s) needs. As a boutique practice, we are also renowned for being adaptable and versatile in the manner in which we are mandated and ultimately deliver our services and would open to working directly with you or together with your other advisers or consultants.
We would welcome the opportunity to discuss your expert tax advice / opinion needs with you on a no obligation basis so please contact us.

Hofmann Klafsky & Fertig is a tax consulting professional partnership based in Frankfurt/Main that offers tax consulting services and expertise to domestic and internationally based companies and individuals.

Once again in 2024 the business newspaper Handelsblatt ranked Hofmann Klafsky & Fertig among Germany’s top tax advisors in the areas of international taxation and succession planning in Frankfurt am Main. With our long-standing experience working for leading international professional services firms in Germany and Switzerland, we have extensive experience in delivering tax advice to local and international companies as well as private clients. Pursuant to such experience, we are well versed in and familiar with the methods and processes of the German tax system and have established good working relationships and lines of communication with representatives of the German tax authorities.

As an independent tax practice, we strive to gain an in depth knowledge and understanding of our clients and their unique tax needs and requirements with the ultimate goal of delivering expert and tailored tax advice and solutions at an economical rate.

We are fluent in both German and English and, as part of a well-connected business network of public notaries, lawyers and consultants, can also offer extended advice and services in relation to general business and legal matters.

We provide services as tax advisors, expert for tax succession planning and international tax law all over Germany, however, in particular in the Rhein Main Area in Frankfurt am Main, Bad Homburg, Königstein, Kronberg, Wiesbaden, Mainz, Offenbach and Aschaffenburg and also in Hamburg, München, Dusseldorf, Berlin, Hanover, Freiburg or Nuremberg.

To discuss your tax needs please contact us.

 

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We are tax consulting professional partnership based in Frankfurt/Main and look forward to meet you in person in our office in Frankfurt but also in other locations. Please use the following contact details or the subsequent contact form.

Hofmann KLAFSKY & Fertig

Partnerschaft aus Steuerberatern mbB

Schillerstr. 28
60313 Frankfurt / Main

Tel +49 69 8720 3390
Fax +49 69 8720 3395
info@hofmannfertig.com
hofmannfertig.com

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    Andreas is one of the founding partners at Hofmann & Fertig. He studied business adminis­tration with a focus on tax law and finance at the University of Applied Sciences in Wuerzburg, graduating in 2005. Following his studies, he worked for five years in the corporate tax department of Pricewaterhouse­Coopers in Frankfurt/Main where he advised both corporates and individuals in relation to domestic and inter­national taxation matters and then proceeded to successfully pass the German Tax Advisor exam in 2008. Having gained extensive experience in private practice, Andreas then moved in‑house to become an internal tax advisor for Celanese, a leading US chemical company, where he focused on tax structuring and the implementation of cross-border transactions. To enhance his international taxation experience, Andreas then joined the tax practice of Allen & Overy, a leading international English law firm, where he advised domestic and international clients primarily with respect to tax structuring, mergers and acquisitions, and corporate reorganization matters.

    Areas of specialization

    Pursuant to his over thirteen years’ of professional experience, Andreas has gained in-depth knowledge and understanding of key areas of domestic and international taxation including:

    • Corporate tax
    • Corporate reorganizations, mergers and acquisitions
    • Succession planning

    As a tax advisor with both private practice and in-house experience, Andreas is well qualified to provide comprehensive support to his clients with respect to all of their tax needs. He places great importance on utilizing his extensive skills and expertise to deliver and implement value added practical solutions to his clients. He is a frequent author of professional articles and, due to his considerable stays abroad in the USA and Australia, Andreas is proficient in delivering advice also in English (English speaking tax advisor).

    Published work

    A selection of our published work is available here.

    Memberships

    • Chambers of Tax Advisors Hesse (Steuerberaterkammer Hessen)
    • Germann Association of Tax Advisors Hesse (StBV Hessen e.V.)
    • FORUM Transaktionen im Steuerrecht e.V.

    As one of the founding partners of Hofmann & Fertig, Nadine has accumulated over 10 years’ of professional experience advising private wealth individuals, and family and medium sized businesses. Nadine initially trained at Ernst & Young, Frankfurt/Main and became a tax consultant (Steuer­fach­angestellte) in 2001. She then studied at the Johann Wolfgang Goethe-University in Frankfurt/Main as well as at the University of St. Gallen in Switzerland and graduated with a Business Administration Degree in 2007. During her training and studies, Nadine gained professional experience in US tax law whilst working for a German-US accounting and tax firm in New York. Following her studies, Nadine worked for Pricewaterhouse­Coopers in Frankfurt/Main and passed the exam to become a Certified German Tax Advisor in 2010. After PwC and before founding Hofmann & Fertig, Nadine worked for a boutique tax advisory practice in Zurich, Switzerland and subsequently as head of the Frankfurt/Main office of the firm.

    Areas of specialization

    With her extensive training and international experience, Nadine is able to provide invaluable market insights tailored to the individual needs of her clients to optimize their tax position and safeguard their interests ultimately serving to contribute to the ongoing success of their businesses. Nadine specializes in the following areas and is also experienced in providing advice in English:

    • Succession planning (corporates and individuals)
    • Expatriate tax consulting services
    • Current tax advisory services
    • Advice on self-disclosures and voluntary amendments of tax returns (Selbstanzeigenberatung)

    Published work

    A selection of our published work is available here.

    Memberships

    • Chambers of Tax Advisors Hesse (Steuerberaterkammer Hessen)
    • Germann Association of Tax Advisors Hesse (StBV Hessen e.V.)
    • Association of German Women Entrepreneurs (Germany)

    Katja initially trained at a medium-sized tax firm and became a tax consultant (Steuerfachangestellte) in 2006. Following her training she worked for a few months in Ireland as a business clerk. She then studied Business Administration and graduated with a Bachelor degree in Business Administration in 2011. In 2012 she continued with her university studies and is expected to graduate with a Master’s degree in international tax law by the end of 2017. Due to the dual nature of her studies, she has been working as a team leader since 2012 in medium-sized tax firms primarily focussing on tax compliance and process improvements with respect to digitalisation.

    Areas of specialization

    Katja has more than 12 years of professional experience in medium-sized tax firms and advises primarily in the area of tax compliance and process improvements with respect to digitalisation. In this context she focuses on forward-thinking business consulting. Based on her profound working experience she specializes in the following areas:

    • Preparation of financial statements
    • Preparation of tax returns
    • Structuring
    • Budget Planning
    • Digitalisation

    It is of her prime interest to promptly deliver up to date analyses on which basis her clients can take profound management decisions. Potential budget deviations and suitable measures will be agreed on in personal meetings.

    Published work

    A selection of our published work is available here.

    Ingo Padtberg finished his studies of business law and taxation before he joined PricewaterhouseCoopers (PwC) in Frankfurt am Main, Germany, in the international income tax department with focus on international assignments. During his employment he passed the exam to become a Certified German Tax Advisor in 2012. In 2013 he was assigned to PwC Zürich, Switzerland, until 2015 where he worked as a tax manager for Swiss income and source tax cases with focus on German / Swiss border commuters and assignments.

    Areas of Specialisation

    Ingo Padtberg is an expert for international income tax with focus on tax consulting and compliance for expatriate cases for employer and employees. Due to his long-term experience in this area and his international assignment he can offer cost optimized solutions along with actual expatriate practice for employers as well as tax compliance and structuring for cross border tax situations of individual tax payers. All following services can be provided in German and English language:

    • International income tax consulting and compliance with focus on Swiss / German tax solutions
    • Expatriate tax consulting
    • Wage tax compliance (expatriate payroll) for employers

    Published work

    A selection of our published work is available here.

    Memberships

    • Chambers of Tax Advisors Hesse (Steuerberaterkammer Hessen)

    Silke studied business administration with a focus on accounting and tax law at the Johann Wolfgang Goethe-University in Frankfurt/Main, graduating in 2008. Following her studies, she worked for 10 years in the corporate tax department of PricewaterhouseCoopers (PwC) in Frankfurt am Main and successfully passed the Certified German Tax Advisor exam in 2012. Before joining Hofmann Klafsky & Fertig, she was employed for about 3 years by a medium-sized tax consulting firm as tax advisor with a focus on tax related matters for partnerships and private individuals.

    Areas of specialization

    Pursuant to her over thirteen years of professional experience, Silke has gained in-depth knowledge and understanding of key areas of domestic and international taxation including:

    • Corporate and group tax law
    • Preparation of financial statements
    • Preparation of tax returns

    Silke attaches great importance to advising her clients at the highest professional level and to developing individual solutions in personal meetings.

    Published work

    A selection of our published work is available here.

    Memberships

    Chambers of Tax Advisors Hesse (Steuerberaterkammer Hessen)

    Language Skills

    • German
    • Dutch
    • English
    • Spanish

    Privacy Policy

    This data privacy policy provides you with all the necessary information on how, to what extent and for what purpose we or third parties collect personal data from you when using our website www.hofmannfertig.com and how we use them. The collection, processing, use and possible transfer of your data are strictly in accordance with the provisions of the General Data Protection Regulation (GDPR), the German Federal Data Protection Act (FDPA) and the German Telemedia Act (TMA).

    Personal data (usually referred to just as “data” below) will only be processed by us to the extent necessary and for the purpose of providing a functional and user-friendly website, including its contents, and the services offered there.

    Per Art. 4 No. 1 of Regulation (EU) 2016/679, i.e. the General Data Protection Regulation (hereinafter referred to as the “GDPR”), “processing” refers to any operation or set of operations such as collection, recording, organization, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment, or combination, restriction, erasure, or destruction performed on personal data, whether by automated means or not.

    The following privacy policy is intended to inform you in particular about the type, scope, purpose, duration, and legal basis for the processing of such data either under our own control or in conjunction with others. We also inform you below about the third-party components we use to optimize our website and improve the user experience which may result in said third parties also processing data they collect and control.

    Our privacy policy is structured as follows:

    I. Information about us as controllers of your data
    II. The rights of users and data subjects
    III. Information about the data processing

    I. Information about us as controllers of your data

    The party responsible for this website (the “controller”) for purposes of data protection law is:

    Hofmann, Klafsky & Fertig
    Partnerschaft aus Steuer­beratern mbB
    Schillerstraße 28
    60313 Frankfurt am Main

    Telefon: +49 69 8720 3390
    Telefax: +49 69 8720 3395
    E-Mail: info@hofmannfertig.com

    The controller’s data protection officer can be reached via: info@hofmannfertig.com

    II. The rights of users and data subjects

    With regard to the data processing to be described in more detail below, users and data subjects have the right to confirmation of whether data concerning them is being processed, information about the data being processed, further information about the nature of the data processing, and copies of the data (cf. also Art. 15 GDPR);
    to correct or complete incorrect or incomplete data (cf. also Art. 16 GDPR);
    to the immediate deletion of data concerning them (cf. also Art. 17 DSGVO), or, alternatively, if further processing is necessary as stipulated in Art. 17 Para. 3 GDPR, to restrict said processing per Art. 18 GDPR;
    to receive copies of the data concerning them and/or provided by them and to have the same transmitted to other providers/controllers (cf. also Art. 20 GDPR);
    to file complaints with the supervisory authority if they believe that data concerning them is being processed by the controller in breach of data protection provisions (see also Art. 77 GDPR).

    In addition, the controller is obliged to inform all recipients to whom it discloses data of any such corrections, deletions, or restrictions placed on processing the same per Art. 16, 17 Para. 1, 18 GDPR. However, this obligation does not apply if such notification is impossible or involves a disproportionate effort. Nevertheless, users have a right to information about these recipients.

    Likewise, under Art. 21 GDPR, users and data subjects have the right to object to the controller’s future processing of their data pursuant to Art. 6 Para. 1 lit. f) GDPR. In particular, an objection to data processing for the purpose of direct advertising is permissible.

    III. Information about the data processing

    Your data processed when using our website will be deleted or blocked as soon as the purpose for its storage ceases to apply, provided the deletion of the same is not in breach of any statutory storage obligations or unless otherwise stipulated below.

    Server data

    For technical reasons, the following data sent by your internet browser to us or to our server provider will be collected, especially to ensure a secure and stable website: These server log files record the type and version of your browser, operating system, the website from which you came (referrer URL), the webpages on our site visited, the date and time of your visit, as well as the IP address from which you visited our site.

    The data thus collected will be temporarily stored, but not in association with any other of your data.

    The basis for this storage is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the improvement, stability, functionality, and security of our website.

    The data will be deleted within no more than seven days, unless continued storage is required for evidentiary purposes. In which case, all or part of the data will be excluded from deletion until the investigation of the relevant incident is finally resolved.

    Cookies

    a) Session cookies

    We use cookies on our website. Cookies are small text files or other storage technologies stored on your computer by your browser. These cookies process certain specific information about you, such as your browser, location data, or IP address.

    This processing makes our website more user-friendly, efficient, and secure, allowing us, for example, to display our website in different languages.

    The legal basis for such processing is Art. 6 Para. 1 lit. b) GDPR, insofar as these cookies are used to collect data to initiate or process contractual relationships.

    If the processing does not serve to initiate or process a contract, our legitimate interest lies in improving the functionality of our website. The legal basis is then Art. 6 Para. 1 lit. f) GDPR.

    When you close your browser, these session cookies are deleted.

    b) Third-party cookies

    If necessary, our website may also use cookies from companies with whom we cooperate for the purpose of advertising, analyzing, or improving the features of our website.

    Please refer to the following information for details, in particular for the legal basis and purpose of such third-party collection and processing of data collected through cookies.

    c) Disabling cookies

    You can refuse the use of cookies by changing the settings on your browser. Likewise, you can use the browser to delete cookies that have already been stored. However, the steps and measures required vary, depending on the browser you use. If you have any questions, please use the help function or consult the documentation for your browser or contact its maker for support. Browser settings cannot prevent so-called flash cookies from being set. Instead, you will need to change the setting of your Flash player. The steps and measures required for this also depend on the Flash player you are using. If you have any questions, please use the help function or consult the documentation for your Flash player or contact its maker for support.

    If you prevent or restrict the installation of cookies, not all of the functions on our site may be fully usable.

    Contact

    If you contact us via email or the contact form, the data you provide will be used for the purpose of processing your request. We must have this data in order to process and answer your inquiry; otherwise we will not be able to answer it in full or at all.

    The legal basis for this data processing is Art. 6 Para. 1 lit. b) GDPR.

    Your data will be deleted once we have fully answered your inquiry and there is no further legal obligation to store your data, such as if an order or contract resulted therefrom.

    SSL-Encryption

    To protect the security of your data during transmission, we use state-of-the-art encryption methods (e.g. SSL) via HTTPS.

    Google Analytics

    We use Google Analytics on our website. This is a web analytics service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 (hereinafter: Google).

    Through certification according to the EU-US Privacy Shield

    https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active

    Google guarantees that it will follow the EU’s data protection regulations when processing data in the United States.

    The Google Analytics service is used to analyze how our website is used. The legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the analysis, optimization, and economic operation of our site.

    Usage and user-related information, such as IP address, place, time, or frequency of your visits to our website will be transmitted to a Google server in the United States and stored there. However, we use Google Analytics with the so-called anonymization function, whereby Google truncates the IP address within the EU or the EEA before it is transmitted to the US.

    The data collected in this way is in turn used by Google to provide us with an evaluation of visits to our website and what visitors do once there. This data can also be used to provide other services related to the use of our website and of the internet in general.

    Google states that it will not connect your IP address to other data. In addition, Google provides further information with regard to its data protection practices at

    https://www.google.com/intl/de/policies/privacy/partners,

    including options you can exercise to prevent such use of your data.

    In addition, Google offers an opt-out add-on at https://tools.google.com/dlpage/gaoptout?hl=en in addition with further information. This add-on can be installed on the most popular browsers and offers you further control over the data that Google collects when you visit our website. The add-on informs Google Analytics’ JavaScript (ga.js) that no information about the website visit should be transmitted to Google Analytics. However, this does not prevent information from being transmitted to us or to other web analytics services we may use as detailed herein.

    In addition or as an alternative to the browser add-on, you can prevent tracking by Google Analytics on our pages by clicking this link. An opt-out cookie will be installed on your device. This will prevent Google Analytics from collecting data for this website and for this browser in future as long as the cookie remains installed in your browser.

    USE OF SCRIPT LIBRARIES (GOOGLE WEBFONTS)

    In order to present our contents correctly and graphically appealing across all browsers, we use script libraries and font libraries such as Google Web Fonts (https://www.google.com/webfonts/) on this website. Google Web Fonts are transferred to your browser’s cache to avoid multiple loading. If your browser does not support Google Web Fonts or does not allow access, content will be displayed in a default font.

    Calling script libraries or font libraries automatically triggers a connection to the library operator. In theory, it is possible – but currently also unclear whether and, if so, for what purposes – that operators of corresponding libraries collect data.

    The privacy policy of the library operator Google can be found here:

    https://policies.google.com/privacy

    Google reCAPTCHA

    Our website uses Google reCAPTCHA to check and prevent automated servers (“bots”) from accessing and interacting with our website. This is a service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 (hereinafter: Google).

    Through certification according to the EU-US Privacy Shield

    https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active

    Google guarantees that it will follow the EU’s data protection regulations when processing data in the United States.

    This service allows Google to determine from which website your request has been sent and from which IP address the reCAPTCHA input box has been used. In addition to your IP address, Google may collect other information necessary to provide and guarantee this service.

    The legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the security of our website and in the prevention of unwanted, automated access in the form of spam or similar.

    Google offers detailed information at:

    https://policies.google.com/privacy

    Legal Disclosure

    Information in accordance with section 5 German Telemedia Act (TMG)

    Hofmann KLAFSKY & Fertig
    Partnerschaft aus Steuerberatern mbB

    Schillerstr. 28
    60313 Frankfurt am Main
    Germany
    Telephone: +49 69 8720 3390
    Fax: +49 69 8720 3395
    E-Mail: info@hofmannfertig.com
    Homepage: www.hofmannfertig.com

    Entries at the German District Court

    Registered Seat: Frankfurt/Main – German District Court (Amtsgericht) Frankfurt/Main
    Registered Number: PR 2310

    Legal Form

    Limited Liability Partnership (Partnerschaftsgesellschaft mit beschränkter Berufshaftung)

    VAT-ID No. in accordance with section 27a
    of the German VAT Act

    DE815599504

    Partners and power of representation

    Certified German Tax Advisor Nadine Hofmann (Steuerberaterin)
    Certified German Tax Advisor Katja Klafsky (Steuerberaterin)
    Certified German Tax Advisor Andreas Fertig (Steuerberater)

    The job titles Certified German Tax Advisors were awarded in the Federal Republic of Germany.

    Regulating and supervisory authority

    Steuerberaterkammer Hessen
    Bleichstraße 1
    60313 Frankfurt am Main
    Telefon: +49 69 15 30 02 – 0
    Telefax: +49 69 15 30 02 – 60
    E-Mail: geschaeftsstelle@stbk-hessen.de

    Regulated Professions / Independent Professions

    Professional regulations applicable for Certified German Tax Advisors:

    • Tax Advisory Act (StBerG)
    • Tax Advisory Act Ordinance (DVStB)
    • Tax Advisors´ Professional Code of Conduct (BOStB)
    • Regulation on Tax Advisors´ Fees (StBVV)

    The regulations can be accessed at: www.bstbk.de.

    Details of professional indemnity insurance

    Gothaer Versicherung
    Gothaer-Allee 1
    50969 Köln

    Extent of insurance cover

    Germany, the foreign countries of Europe, Members of the European Union and members of the states of the EEA (European Economic Area) and Turkey as well as states in the area of the former Soviet Union.

    Disclaimer

    Accountability for content

    The contents of our pages have been created with the utmost care. However, we cannot guarantee the contents’ accuracy, completeness or topicality. According to statutory provisions, we are furthermore responsible for our own content on these web pages. In this context, please note that we are accordingly not obliged to monitor merely the transmitted or saved information of third parties, or investigate circumstances pointing to illegal activity. Our obligations to remove or block the use of information under generally applicable laws remain unaffected by this in accordance with §§ 8 to 10 of the Telemedia Act (TMG).

    Accountability for links

    Our website contains external Links to webpages of third parties the content of which we are not responsible for. Responsibility for the content of external links (to web pages of third parties) lies solely with the operators of the linked pages. We make no representations as to the accuracy, or any other aspect, of information contained in third-party websites. Should any legal infringement become known to us, we will remove the respective link immediately.

    Copyright

    Copyright © Hofmann Klafsky & Fertig Partnerschaft aus Steuerberatern mbB.
    All rights reserved.

    Our web pages and their contents are subject to German copyright law. Unless expressly permitted by law every form of utilizing, reproducing or processing works subject to copyright protection on our web pages requires the prior consent of the respective owner of the rights. Individual reproductions of a work are allowed only for private use, so must not serve either directly or indirectly for earnings. Unauthorized utilization of copyrighted works is punishable.