Fifth Law To Promote Capital Formation Of Workers

Original Language Title: Fünftes Gesetz zur Förderung der Vermögensbildung der Arbeitnehmer

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Fifth law on the promotion of the wealth formation of employees (Fifth Capital Education Act-5). VermBG)

Non-tamper table of contents

5. VermBG

Date of expiry: 01.07.1965

Full quote:

" Fifth Wealth Formation Act in the version of the Notice of 4. March 1994 (BGBl. 406), as last amended by Article 5 of the Law of 18. December 2013 (BGBl. I p. 4318) "

:Recaught by Bek. v. 4. 3.1994 I 406;
last modified Art. 5 G v. 18.12.2013 I 4318

See Notes

Footnote

(+ + + Text credits: 1.1.1982 + + +)
(+ + +) Application § 17 + + +)
(+ + + + + + The G is in the area mentioned in Art. 3 of the agreement of the agreement
the
. Annex I, chap. VIII Sachg. Ln. III No. 1
EinigVtr iVm Art. 1 G v. 23.9.1990 II 885, 1070 ab 1. January 1991
. No more shall be used in accordance with the provisions of the Article 1 (6) (6) (b). h
G v. 21.1.2013 I 91 mWv 29.1.2013. + + +)

§ 18 (F. 1975-01-15): empowerment executed by Bek v. 30.9.1982 I 1369 Non-official table of contents

§ 1 Personal scope

(1) The asset formation of employees by agreed The employer shall receive benefits in accordance with the provisions of this Act.(2) Workers within the meaning of this Act are workers and employees, including those employed for their vocational training. Workers employed in homework are also considered as employees.(3) The provisions of this law shall not apply to
1.
for the capital benefits of legal entities Persons to members of the institution, which is called to represent the legal entity,
2.
for the capital benefits of persons in the whole of the (
)
following provisions of this Act shall apply to officials, judges, professional soldiers and soldiers at the time of the day. Non-official table of contents

§ 2 Asset-effective services, investment forms

(1) Assets are cash benefits that the employer has for the worker,
1.
as the employer's austerity contributions due to a savings contract on Securities or other financial investments (§ 4)
a)
on the acquisition of shares held by the employer , or are admitted to the regulated market on a German stock exchange, or are included in regulated free circulation,
b)
to purchase Convertible bonds issued by the employer or admitted to the regulated market on a German stock exchange or included in the free movement, as well as debt securities issued by the employer, to the However, the acquisition of name bonds issued by the employer only if at the expense of which the employee's claims are guaranteed by a credit institution or by an insurance company under private law , and the credit institution or insurance undertaking is empowered to operate in the scope of this Act,
c)
to acquire shares in UCITS special assets as well as open audience AIF established as a special fund according to § § 218 and 219 of the capital investment code as well as of shares in open EU investment assets and open foreign AIF, which according to the capital investment law in accordance with the annual report for the last financial year preceding the calendar year of the conclusion of the contract within the meaning of § 4 or § 5, the value of the shares in this investment property may be 60% of the value this investment asset is not less than this investment asset; for the first and second financial year, the first annual report or the first half-yearly report after the investment fund has been laid down shall be the first and second financial year authoritative,
d)
(dropped)
e)
(dropped)
f)
for the acquisition of consumer vouchers issued by the employer as securities or admitted to the regulated market on a German stock exchange or included in the free movement of the market and of undertakings having their registered office and management within the scope of this Act, which are not credit institutions, if the right to profit of a company is linked to the profit or loss of the profit of a company and the employee is not considered to be a A carrier within the meaning of Section 15 (1) Sentence 1 (2) of the Income Tax Law is to be considered
g)
on the grounds or on the acquisition of a business credit in the case of a Co-operative with the head office and management within the scope of this Act; if the cooperative is not the employer, the investment of capital benefits presuppoes that the cooperative is either a credit institution or a building, or housing cooperative within the meaning of Article 2 (1) (2) of the Housing and Premiums Act, which has been in the register of cooperatives for at least three years at the time of the establishment or acquisition of the business credit, without any substantial change in its The company is registered and is not dissolved or has its registered office and management in the area referred to in Article 3 of the agreement and there either on the 1. July 1990 as a workers ' housing cooperative, a community housing cooperative or other housing cooperative, or a non-essential part of housing from the holdings of such a building or housing cooperative purchased,
h)
to acquire a parent investment or to acquire a business share in a limited liability company with its registered office and management in the Scope of this Act, if the company is the employer of the employer,
i)
on the grounds or on the acquisition of a shareholding as a stiller partner within the meaning of Section 230 of the Commercial Code of the Company of the employer, with its registered office and management, within the scope of this Act, if the employee is not a co-contractor within the meaning of Section 15 (1) (2) of the Income Tax Act ,
k)
on the grounds or on the acquisition of a loan against the employer, if at the cost of the loan the claims of the employee from the A loan agreement is guaranteed by a credit institution or is secured by an insurance undertaking in private law and the credit institution or insurance undertaking has the power to operate under this law ,
l)
on the grounds or on the acquisition of a right of access to the company of the employer, with its registered office and management, within the scope of this Act, provided that: The right to profit of this company is that the employee is not to be regarded as a carrier within the meaning of Section 15 (1) (2) of the Income Tax Act and does not issue a Genussschein in the sense of the letter f
2.
as the employee's expense on the basis of a securities purchase contract (§ 5),
3.
as expenses of the employee on the basis of a participation contract (§ 6) or a participation purchase contract (§ 7),
4.
as expenses of the employee in accordance with the regulations of the housing premium laws; the conditions for granting a premium under the housing premium law need , the investment of capital benefits as expenses in accordance with Section 2 (1) (2) of the Housing Construction Premium Act for the first acquisition of shares in construction and housing cooperatives requires that the conditions set out in point 1 The second half-sentence of point (g) is fulfilled,
5.
as the worker's expense
a)
to build, purchase, expand or expand a domesced apartment building or a domiciled condominib,
b)
to acquire a permanent residence in the sense of the residential property law at a home located in the home,
c)
to purchase a home-based property for the purpose of housing or
d)
to fulfill Obligations relating to the projects referred to in points (a) to (c) above,
provided that the installation is not based on a third party concept in which the worker is entitled to a capital The amount of the benefits may be applied together with more than 15 other employees; the support for the expenditure referred to in points (a) to (c) shall be presumed to be used directly for the projects referred to therein,
6.
as the employee's austerity contributions due to a savings contract (§ 8),
7.
as contributions from the employee pursuant to a capital-insurance contract (§ 9),
8.
as expenses of the employee who, according to § 18 (2) or (3), membership in a cooperative or Company with limited liability has terminated, in order to fulfil obligations from membership, which shall be after 31.
(2) Shares, convertible bonds, debt securities or certificates of profit of a company which, within the meaning of Section 18 (1) of the German Stock Corporation Act, act as a sovereign company with the Company of the employer shall be equal to shares, convertible bonds, debt securities or certificates of profit referred to in paragraph 1 (1) (a), (b) or (f), issued by the employer. A business balance in the case of a cooperative with its registered office and management within the scope of this Act, which is connected to the employer of the employer within the meaning of Section 18 (1) of the German Stock Corporation Act as a ruling company, is subject to a the balance within the meaning of paragraph 1 (1) (g) of a cooperative which is the employer of the employer. A parent investment or a business share in a company with limited liability with its registered office and management within the scope of this Act, which as a ruling company with the company within the meaning of Section 18 (1) of the German Stock Corporation Act (AktG) of the employer shall be equal to a parent investment or a share of the business within the meaning of paragraph 1 (1) (h) in a company which is the employer of the employer. A shareholding in a company with its registered office and management within the scope of this Act, which is connected with the employer of the employer within the meaning of Section 18 (1) of the German Stock Corporation Act as a dominant company if, under a contract with the employer, the employer is involved in the company's company law, participation shall be the same as a stiller partner within the meaning of paragraph 1 (1) (i). A loan claim against a company having its registered office and management within the scope of this Act, which is connected to the employer of the employer within the meaning of Section 18 (1) of the German Stock Corporation Act as a dominant company, or The right of access to such a company shall be equal to a loan request or to a right of pleasure within the meaning of paragraph 1 (1) (k) or (l).(3) The investment of capital benefits in profit bonds as defined in paragraph 1 (1) (b) and in the first sentence of paragraph 2, in which, in addition to the profit-dependent interest, a profit-independent minimum interest rate is committed; Requires
1.
to declare the issuer in the winning debt tender, the profit-independent Minimum interest rate will, as a rule, not exceed half of the total interest rate, or
2.
the non-profit minimum interest rate at the time of the issuance of the Profit-debt tender does not exceed half of the return on fixed-income securities, which is shown in the monthly reports of the Deutsche Bundesbank for the fourth-last calendar month, which corresponds to the calendar month of the issue
(4) The investment of capital benefits in the form of products and the rights of the genus referred to in paragraph 1 (1) (f) and (l) and of the first sentence of paragraph 2 shall require that a repayment of the nominal value is not committed; in addition to the right to profit, a profit-independent minimum interest rate is promised, paragraph 3 shall apply accordingly.(5) The investment of assets in accordance with paragraph 1 (1) (f), (i) to (l), (2), first sentence, (4) and (5), and (4) in a cooperative with its registered office and management within the scope of this Act are subject to § 19 and to the fixing by Articles of association according to § 20 of the Cooperative Act are not contrary.(5a) The employer must, in cooperation with the employee, make provision, in cooperation with the employee, before the investment of capital benefits in the company's own undertaking, which shall ensure the protection of the investment benefits applied for a period of time during the period of the The insolvency of the employer shall be used for the period of non-payment. The Federal Ministry of Labour and Social Affairs reports to the legislative bodies up to the 30th 1 June 2002 on the measures taken in accordance with the first sentence.(6) Capital benefits are taxable income in the sense of the Income Tax Act and income, earnings or remuneration (remuneration) in the sense of Social Security and the Third Book of Social Code. If the working wage remaining after deduction of the capital benefit is not sufficient to cover the taxes to be withheld, social security contributions and contributions to the Federal Employment Agency, the employee shall have the employer to the employer the Cover required to be paid.(7) Asset performance is an integral part of the wage or salary. The claim to the capital benefit is non-transferable.

Footnote

(+ + + § 2 para. 1 Nr 1 F. 2013-12-18: For application see § 17 (15) sentence 1 + + +)
(+ + + § 2 para. 1 Nr 5 F. 2011-12-07: For application see Section 17 (12) F. 2011-12-07 + + +) Non-official table of contents

§ 3 Property services for relatives, transfer by the employer, identification, confirmation and Reporting obligations

(1) Assets may also be invested
1.
for the benefit of the not permanently separated spouses or life partners of the employee,
2.
in favour of the children referred to in § 32 (1) of the Income Tax Act, who are to be The beginning of the relevant calendar year shall be 17. Have not been completed or who were born alive in this calendar year or
3.
for the benefit of the parent or parent of the employee, if the Employee as a child satisfies the conditions set out in point 2.
This does not apply to the investment of capital benefits under contract pursuant to § § 5 to 7.(2) The employer shall transfer the capital benefits for the employee directly to the company or institute at which they are to be invested. In doing so, he has to label the assets effective in relation to the company or institute. The company or institute must mark the capital benefits and the nature of its investment in accordance with section 2 (1) no. 1 to 5, para. 2 to 4. If an investment performance cannot be fulfilled or no longer meets the requirements of § 2 (1) to (4), the company or institute must inform the employer in writing without delay. The sentences 1 to 4 do not apply to the investment of capital benefits under contracts in accordance with § § 5, 6 (1) and § 7 (1) with the employer.(3) In the case of an installation chosen by the employee in accordance with Article 2 (1) (5), the employer shall, at the employee's request, transfer the capital benefits to the employee if he/she has received a written confirmation from the employer of his/her employer. The creditor has submitted that the installation complies with the conditions laid down in § 2 (1) (5); paragraph 2 shall not apply in this case. The employer does not have to verify the correctness of the confirmation.(4) (omitted)

footnote

(+ + + § 3 para. 1 sentence 1 no. 1 F. 2013-06-26: For application see § 17 (13) sentence 1 F. 2013-06-26 + + +) Non-official Table of contents

§ 4 Savings agreement on securities or other financial investments

(1) A savings contract for securities or other financial investments within the meaning of Section 2 (1) No. 1 is a savings contract with a credit institution or a capital management company in which the employee undertakes to act as a savings contribution to the acquisition of securities within the meaning of Article 2 (1) (1) (a) to (f), (2) sentence 1, (3) and (4), or to the justification or acquisition of rights in the Pursuant to § 2 (1) (1) (g) (g) to (l), (2) sentence 2 to 5 and (4), once or for a period of six years since the conclusion of the contract, to have the payment of benefits effective on an ongoing basis or to pay other amounts.(2) The promotion of the capital benefits provided for under the terms of a contract referred to in paragraph 1 shall require that
1.
the performance of a calendar year, subject to paragraph 3, at the latest by the end of the following calendar year for the purpose of acquiring the securities or for the acquisition or acquisition of the securities Rights are used and fixed until use and
2.
The securities acquired with the services immediately after they have been acquired by the end of a period of time of seven years (restricted period), and the securities or the rights established or acquired with the services are not provided by repayment, assignment, or otherwise, until the expiry of the period of suspension.
The blocking period shall apply to all capital benefits applied on the basis of the contract and shall commend on 1 January 2008. 1 January of the calendar year in which the contract has been concluded. The date of the conclusion of the contract shall be the date on which the capital-effective performance, in the case of contracts for current deposits, shall be the first asset-effective performance, the credit institution or the capital management company.(3) Assets which have not been used up to the end of the period referred to in paragraph 2 (1) shall be deemed to have been used in good time if, at the end of a calendar year, they do not exceed a total of EUR 150 and until the expiry of the period of closure. in accordance with paragraph 2.(4) In derogation from paragraph 2, an early disposition shall be harmless if
1.
the worker or his/her not permanently separated spouse or life partner after the contract has died or has become completely incapable of work,
2.
the worker after Termination of the contract, but prior to the early disposition, married or established a life partnership, and at the time of the early availability at least two years have passed since the blocking period began,
3.
the worker has become unemployed after conclusion of the contract and the unemployment has passed without interruption for at least one year and at the time of the premature disposal ,
4.
the employee shall immediately separate the proceeds within the following three months for his or her own training or for those of his/her own training , the measure shall be carried out outside the establishment of which he or the spouse or the partner is a member, and shall be provided with the knowledge and skills necessary for the professional progress and above job-related adjustment training; for capital benefits which the employer has invested for the employee in accordance with Article 2 (1) (1) (a), (b), (f) to (f) and the rights of the employer This shall only apply with the consent of the employer; in the case of investments made in accordance with section 2 (2), this shall only apply with the consent of the company which, within the meaning of Section 18 (1) of the German Stock Corporation Act, as a ruling company with the company of the German Stock Corporation Act ( Employer,
5.
the employee after conclusion of the contract, under the responsibility of the non-self-employed work, a gainful activity, which according to § 138 (1) of the The tax order of the congregation is to be communicated, recorded or
6.
fixed securities are sold and the proceeds until the end of the calendar month, which is the subject of the The calendar month of the sale shall be re-used for the purpose of acquiring the securities referred to in paragraph 1; the proceeds not reused until the end of the calendar month following the sale shall be deemed to be re-used in good time if it has been re-used on the basis of At the end of a calendar month, a total of EUR 150 is not exceeded.
(5) It is also harmless if, in the rights and obligations of the credit institution or the capital management company under the austerity contract, another credit institution shall be replaced by another credit institution. or any other capital management company during the term of the contract by legal transaction.(6) Where no capital benefits or other amounts are paid in respect of a contract relating to capital benefits on an ongoing basis or to other amounts in a calendar year following the calendar year of the conclusion of the contract, no other amounts shall be paid, the contract is suspended and cannot be continued. The same applies if at least all deposits of a calendar year are repaid or the repayment claims are resigned from the contract or are to be loaned.

footnote

(+ + + § 4 para. 4 No. 1 and 2 F. 2013-06-26: For application cf. § 17 (13) sentence 2 F. 2013-06-26 + + +)
(+ + + § 4 para. 4 no. 4 F. 2013-12-18: For application see § 17 (15) sentence 2 F. 2013-12-18 + + +) A non-official table of contents

§ 5 Securities purchase agreement

(1) A securities sales contract within the meaning of Section 2 (1) No. 2 is a contract of sale between the employee and the employer. Acquisition of securities within the meaning of section 2 (1) (1) (a) to (f), subsection 2, sentence 1, para. 3 and 4 by the employee with the agreement to offset the purchase price owed by the employee with capital-capital benefits or with other Amounts to be paid.(2) The promotion of the capital benefits provided for under the terms of a contract referred to in paragraph 1 shall require that
1.
with the performance of a calendar year at the latest by the end of the following calendar year the securities are acquired and
2.
the securities acquired with the services are fixed immediately after their acquisition until the expiry of a period of six years (period of closure) and over the securities up to the end of the period of the expiry of the blocking period shall not be provided by repayment, assignment, insult or otherwise; the blocking period shall begin on the first day of the day. January of the calendar year in which the security has been acquired; § 4 (4) no. 1 to 5 applies accordingly.
Non-official table of contents

§ 6 (1)

participation contract within the meaning of section 2 (1) (3) is a contract between the employee and the employer on the grounds of rights within the meaning of section 2 (1) (g) to (1) (g) and (4) for the Employees of the employer of the employer with the agreement to charge the sum of money owed by the employee for the justification with capital benefits or to pay them with other amounts.(2) A participation contract within the meaning of Section 2 (1) No. 3 is also a contract between the employee and
1.
a company that is connected to the employer of the employer pursuant to § 2 para. 2 sentence 2 to 5 or is involved in this company pursuant to § 2 para. 2 sentence 4, on the justification of Rights within the meaning of Section 2 (1) (1) (g) to (l), (2) sentence 2 to 5 and (4) for the employee of that undertaking, or
2.
a cooperative with registered office and management within the scope of this Act, which is a credit institution or a building or housing cooperative which satisfies the conditions set out in Article 2 (1) (1) (g), second half-sentence, on the grounds of a Business credit for the employee of this cooperative.
with the agreement to pay the sum of money owed by the employee for the justification of the rights or the business credit with assets effective, or to pay with other amounts.(3) The promotion of the capital benefits provided for under a contract referred to in paragraph 1 or 2 shall require that
1.
with the performance of a calendar year at the latest by the end of the following calendar year, the rights are justified and
2.
about the rights based on the benefits until the expiry of a period of six years (time limit) is not provided by repayment, assignment, secrecy or otherwise; the blocking period begins on 1. January of the calendar year in which the right has been established; § 4 (4) Nos. 1 to 5 shall apply accordingly.
Non-official table of contents

§ 7 

1) A purchase agreement between the employee and the employer for the acquisition of rights within the meaning of section 2 (1) (1) (g) to (l), (2) sentence 2 to 5. and (4) by the employee with the agreement to offset the purchase price owed by the employee with capital benefits or to pay with other amounts.(2) A purchase contract within the meaning of section 2 (1) (3) is also a contract of sale between the employee and a limited liability company, which is connected to the employer of the employer pursuant to § 2 para. 2 sentence 3, to the acquisition of a share of the business within the meaning of section 2 (1) (1) (h) of this company by the employee with the agreement to pay the purchase price owed by the employee with capital benefits or with other amounts to pay.(3) § 6 (3) shall apply mutagens in respect of the promotion of the capital benefits which are applied on the basis of a contract pursuant to paragraph 1 or 2. Non-official table of contents

§ 8 Savings Agreement

(1) A savings contract within the meaning of Section 2 (1) No. 6 is a savings contract between the employee and an employee Credit institution in which the agreements referred to in paragraphs 2 to 5, but at least the agreements referred to in paragraphs 2 and 3, have been reached.(2) The employee is obliged to
1.
once or for the duration of six years since Conclusion of the contract continuously, at least once in the calendar year, as savings contributions to be able to deposit capital-effective benefits or to pay other amounts and
2.
up to the end of a period of seven years (blocking period) to determine the paid-in capital benefits at the credit institution and the repayment claims arising from the contract
The date of the conclusion of the contract and the beginning of the blocking period shall be determined in accordance with the provisions of section 4 (2) sentence 2 and 3.(3) By way of derogation from the agreement referred to in the second sentence of the first sentence of paragraph 2, the employee shall be entitled to an early disposition if one of the conditions referred to in § 4 (4) (1) to (5) is fulfilled.(4) By way of derogation from the agreement referred to in the second sentence of the first sentence of paragraph 2, the employee is also entitled to acquire, before the expiry of the blocking period, with the capital benefits paid in
1.
Securities within the meaning of § 2 (1) (1) (a) to (f), (2) sentence 1, (3) and (3) 4,
2.
bonds issued by the Federal Government, by the Länder, by the municipalities, by other public bodies, by the employer, by a person in the sense of the Section 18 (1) of the German Stock Corporation Act (AktG) is issued as a company with the company of the employer, or by a credit institution with its registered office and management, within the scope of this Act, However, the employer's name debentures only if at the expense of which the employee's claims are guaranteed by a credit institution or by an insurance undertaking under private law, and the credit institution or insurance undertaking is empowered to operate in the scope of this Act,
3.
Voucher issued by a credit institution with a registered office and management within the scope of this Act, which is not the employer, shall be issued in the form of securities where the right to profit of the credit institution is linked to the profit or loss of the credit institution, and the employee is not a co-contractor in the The terms of Section 15 (1) (2) of the Income Tax Act are to be considered and the conditions set out in Article 2 (4) are fulfilled,
4.
Borrowing requirements, which are included in a debtor's book
5.
shares in a special fund issued by capital management companies within the meaning of the capital investment code. , and do not fall under Section 2 (1) (1) (c), or
6.
Shares of open EU investment assets and foreign AIF, which are based on the capital investment code
The employee is obliged to fix the securities acquired in accordance with the first sentence in the credit institution with which the savings contract is concluded and not to the securities until the end of the blocking period. , this obligation shall not apply if one of the conditions referred to in Article 4 (4) (1) to (5) is fulfilled.(5) By way of derogation from the agreement referred to in point 2 of the first sentence of paragraph 2, the worker shall also be entitled, before the expiry of the period of closure, to separate the transfer of paid-in assets to one of his or his non-permanent If neither the payment of the subdivision sum has commenced nor the transferred amounts have been repaid in whole or in part before the end of the blocking period, or if no claims have been made by the surviving spouse or life partner, out of the contract of construction contract or to be borrowed, or if such an early disposition is made available in accordance with the second sentence of § 2 (3), second sentence, number 1 and 2 of the Housing Premium Act, as amended by the 30. October 1997 (BGBl. 2678), which was last amended by Article 7 of the Law of 5. April 2011 (BGBl. 554), it is not harmful to the version in force. The first sentence shall be applicable before 1. January 2009 and after 31 January 2009 December 2008.

Footnote

(+ + + § 8 (5) sentence 1 F. 2013-06-26: For the application, see § 17 (13) sentence 2 F. 2013-06-26 + + +) unofficial table of contents

§ 9 capital insurance contract

(1) A capital insurance contract within the meaning of § 2 (1) no. 7 is a contract for capital insurance on the life of the company. and death against a current contribution which has been concluded for a period of at least 12 years and with the agreements referred to in paragraphs 2 to 5 between the worker and an insurance undertaking, which shall be covered by the scope of the this law is authorised to operate.(2) The employee is obliged to have the insurance contributions paid for capital benefits or to pay other amounts.(3) The insurance premiums do not include any shares in additional services such as accident, disability or illness.(4) The insurance contract provides that as early as the beginning of the contract a non-recent portion of at least 50 percent of the paid contribution shall be repaid as a redemption value (Section 169 of the Insurance Contract Law) or the calculation of the premium-free Insurance benefit (§ 165 of the Insurance Contract Law) is based on.(5) The thread parts are used
1.
to increase the insurance performance or
2.
at the employee's request to offset with due contributions, if he has become unemployed after conclusion of the contract and unemployment is at least one year long has passed without interruption and still exists at the time of settlement.
Unofficial table of contents

§ 10 Agreement of additional

(1) Asset-effective services may be agreed in contracts with employees, in company agreements, in collective agreements or in binding commitments (§ 19 of the Home Labour Act).(2) bis (4) (omitted) (5) The employer may, on the basis of contractually agreed capital benefits, account for the occupational social benefits which the employee has already provided in the calendar year as a capital-benefit benefit. . Non-official table of contents

§ 11 Asset management of parts of the work wage

(1) The employer has the written request of the employer. To conclude a contract for the capital investment of parts of the labour wage.(2) Even capital-effective parts of the wage are capital-effective services within the meaning of this Act.(3) In order to conclude a contract in accordance with paragraph 1, according to which the wage shares are not to be invested and transferred together with other capital benefits for the employee, the employer shall be obliged only if the worker is to be paid for the contract. Appendix of parts of the wage in monthly amounts to the same amounts of at least EUR 13 or in quarterly amounts of at least EUR 39, or only once in the calendar year, at the level of one amount of at least 39 euros. In the case of the investment in monthly amounts during the calendar year, the worker may change the nature of the asset ' s assets and the undertaking or institution at which it is to take place, only with the consent of the employer.(4) The employer may determine an appointment in the calendar year at which the employees of the holding or part of the holding may request the one-off installation of part of the wage referred to in paragraph 3. The determination of this date shall be subject to the participation of the works council or the competent staff representative; the procedure prescribed for the participation in social affairs shall be complied with. The date specified in the first sentence shall be communicated to the workers again in an appropriate form in each calendar year. For an appointment other than the date specified in the first sentence, the employee may require a one-off installation as referred to in paragraph 3 only
1.
of parts of the work wage that it scores in the last payroll period of the calendar year, or
2.
from parts of special benefits paid in connection with the Christmas or the end of the year.
(5) The employee can each time in the calendar year of the Employers shall require in writing that the contract for the capital investment of parts of the wage is repealed, restricted or extended. In the event of cancellation, the employer shall not be obliged to enter into a new contract for the capital investment of parts of the wage in the same calendar year.(6) In collective agreements or operating agreements, paragraphs 3 to 5 may be dismissed. Non-official table of contents

§ 12 Free choice of asset

Assets benefits are only promoted in accordance with the provisions of this Act, if the worker is free to choose the nature of the asset and the undertaking or institution to which it is to be carried out. However, a grant shall not preclude the installation by collective agreement being limited to the forms of section 2 (1) (1) (1) to (5), (2) to (4). An investment in the employer's enterprise pursuant to § 2 (1) (1) (g) to (l) and (4) shall be admissible only with the consent of the employer. Non-official table of contents

§ 13 entitlement to an employee-savings allowance

(1) The employee is entitled to an employee-savings allowance in accordance with paragraph 1 2, if he has consented to the company, the institution or the creditor referred to in § 3 (3) in the data transfer in accordance with § 15 (1) sentence 2 and 3, and his income does not exceed the following limits:
1.
with assets effective in accordance with § 2 para. 1 no. 1 to 3, para. 2 to 4 Income limit of EUR 20 000 or in the case of a condisposition pursuant to § 26b of the Income Tax Act of EUR 40 000 or
2.
in the case of § 2 (1) (4) and (5) the income limit of EUR 17 900 or in the case of a condisposition pursuant to Section 26b of the Income Tax Law of EUR 35 800.
The income to be taxed is decisive in accordance with § 2 (5) of the German Income Tax Act. Income Tax Act in the calendar year in which the capital benefits have been applied.(2) The employee savings allowance is 20 percent of the capital benefits applied in accordance with § 2 (1) (1) to (3), (2) to (4), to the extent that they do not exceed 400 euros in the calendar year, and 9 percent of the capital benefits pursuant to § 2 (1) (4) and (5). to the extent that they do not exceed 470 euros in the calendar year.(3) The employee savings allowance is not considered to be a taxable income within the meaning of the Income Tax Act or as income, earnings or remuneration (remuneration) in the sense of Social Security and the Third Book of Social Code; it applies not as an integral part of the wage or salary. The right to an employee savings allowance is not transferable.(4) The right to an employee-savings allowance shall be incurred at the end of the calendar year in which the capital-saving benefits have been applied.(5) The right to an employee-savings allowance shall not be retroactive insofar as the time limits specified in § § 4 to 7 or in the case of an installation pursuant to § 2 para. 1 no. 4 the provisions of § 2 para. 1 no. 3 and 4 and subsection 3 sentence 1 of the Housing-Premium Law Conditions are not met. The first sentence shall be applicable before 1. January 2009 and after 31 January 2009 Contracts concluded in December 2008. The claim does not apply if the blocking period is not met, because
1.
the employee Exchange or severance offer of a securities issuer has been accepted or securities have been submitted to the issuer for redemption after draw-off or termination by the issuer,
2.
the securities or rights acquired or substantiated with the capital benefits or rights within the meaning of § 2 para. 1 no. 1, para. 2 to 4 without the employee's participation worthless , or
3.
of the employees in respect of capital benefits laid down in accordance with § 2 (1) No. 4 in accordance with § 4 (4) (4) No. 4 in the amount of at least 30 euros

Footnote

(+ + + § 13 F. 2013-06-26: For application see Section 17 (14) F.2013-06-26 + + +) Non-official table of contents

§ 14 Setting the employee-savings allowance, application of the tax system, authorisation of a regulation, legal path

(1) The administration of the employees-savings allowance is the responsibility of the financial offices. The employee savings allowance is paid out of the receipts of payroll tax.(2) In the case of the employees ' savings allowance, the provisions of the tax regulations applicable to tax allowances shall apply mutagentily. This does not apply to § 163 of the Tax Code.(3) For the employees ' savings allowance, the penal provisions of § 370 (1) to (4), § § 371, 375 (1) and § 376, as well as the provisions of § § 378, 379 (1) and (4) and § § 383 and 384 of the Tax Code shall apply accordingly. § § 385 to 408 shall apply to the criminal proceedings for a criminal offence pursuant to sentence 1 and to the promotion of a person who has committed such a crime, in the case of a fine for a fine of an offence pursuant to the first sentence of sentence 1 of § § 409 to 412 of the Tax Code accordingly.(4) The employees ' savings supplement shall be fixed at the request of the tax office responsible for taxing the worker on the basis of income. The employee shall submit the application in accordance with officially prescribed form. The employees ' savings allowance becomes due
a)
at the end of the blocking period prescribed for the investment form in accordance with this law,
b)
with the expiry of the sperm and the sperm-and-age group referred to in the Housing-Premium Act or in the Regulation implementing the Housing-Premium Act Repayment deadlines. In the case of building savings contracts, the blocking and repayment periods mentioned in Section 2 (3) sentence 1 of the Housing Award Act are applicable regardless of whether the contract is before the 1. January 2009 or after 31 January 2009. December 2008,
c)
with the allocation of the building savings contract or
d)
in (
)
decision to refuse the fixing of an employee's savings allowance should be repealed and the employee savings allowance should be fixed retrospectly if the income tax decision is taken after the date of the arrival of the employee This is the first time that the income limits of § 13 (1) are subject to a reduction in the refusal of refusal. In this case, the time limit for setting the employee savings allowance does not expire before the end of one year after the date of the notification of the amended tax. The second sentence shall apply if the amended income tax fixing has not been preceded by a decision to refuse the fixing of an employee savings allowance.(6) There is a right to an employee savings allowance for expenses which represent capital benefits, and the employee has, by way of derogation from § 1 sentence 2 (1) of the Housing Construction Premium Act, applied for a housing premium. the time limit for the fixing of the employees ' savings allowance not before the end of one year after notification of the notice of change in the claim for premium.(7) The Federal Government is hereby authorized, by means of a regulation with the consent of the Federal Council, to regulate the procedure in the determination and payment of the employee savings allowance in more detail, to the extent that this is necessary to simplify the procedure. It may also be determined that the employer, the company, the institution or the creditor referred to in Article 3 (3) is involved in the application and that the employee savings allowance is transferred to them for the benefit of the employee.(8) In public-law disputes concerning the administrative acts of the financial authorities arising under this Act, the financial legal path has been given.

Footnote

(+ + + § 14 para. 4 F 2013-06-26: For use in the application). Section 17 (14) F.2013-06-26 + + +) Non-official table of contents

§ 15 Electronic asset education certificate, regulation authorisations, liability, call information, external audit

(1) The company, the institution or the creditor referred to in § 3 (3) shall have no later than 28 years of age. February of the calendar year following the amortised record of the capital benefits in accordance with the officially prescribed data record by means of remote data transmission in accordance with the tax data transmission regulation in the context of an electronic The following data shall be transmitted if the employee has consented to the data transfer with respect to the person subject to the notification:
1.
Name, first name, date of birth, address and identification number (§ 139b of the Labor Code) of the employee,
2.
the respective annual amount of the capital benefits, as well as the nature of the asset, applied in accordance with § 2 (1) No. 1 to 5, para. 2 to 4,
3.
the calendar year to which these assets are assigned, and
4.
either the end of the the blocking period prescribed for the investment form in accordance with this Act or, in the case of an installation pursuant to § 2 (1) no. 4, the end of the blocking period specified in the Housing Award Act or in the Ordination on the Implementation of the Housing-Premium Law Repayment deadlines. In the case of building savings contracts, the blocking and repayment periods mentioned in Section 2 (3) sentence 1 of the Housing Premium Act are to be certified regardless of whether the contract is before the 1. January 2009 or after 31 January 2009.
The consent set out in the first sentence shall be given at the latest by the end of the second calendar year following the calendar year of the investment in the capital's assets. In so doing, the employee must inform the person responsible for the identification number of the identification number. The consent shall be deemed to have been granted where the transmitting body informs the employee in writing that the existence of a consent is assumed and that the data are transmitted if the worker is not in a position to do so within a The deadline of four weeks after receipt of this written information is in writing. The consent shall also apply for the following calendar years, unless the employee recalling this in writing with regard to the institution which is to be transmitted. The revocation must be submitted to the notified body before the beginning of the calendar year for which the consent is no longer to apply for the first time. The notified body shall inform the worker of the content of the data transfer in accordance with the first sentence. If consent is given after the end of the calendar year of the investment in assets but within the period set out in the second sentence, the data shall be transmitted by the end of the following calendar quarter.(2) The Federal Government is empowered to adopt, by means of a regulation with the consent of the Federal Council, further provisions on
1.
The recording and reporting obligations of the employer and the company or institute where the capital benefits are applied and
2.
the definition of securities and the nature of the determination, to the extent that this is necessary, so that the employee savings supplement is not wrongly paid, failed, not recovered or .
(3) If the employer, the company, the institution, or the creditor referred to in § 3 (3), have infringed their obligations under this Act or in accordance with a decree law adopted pursuant to this Act, such They shall be held liable for the employees ' savings allowance which has been wrongly paid, not reclaimed or not retained for the benefit of the breach of duty.(4) The tax office responsible for the taxation of those referred to in paragraph 3 shall, at the request of the latter, provide information on the manner in which the provisions relating to capital benefits which are applicable in accordance with Article 2 (1) (1) to (1) to 5, para. 2 to 4.(5) The tax office responsible for external labour audit may carry out an external audit in the cases referred to in paragraph 3 in order to determine whether they are carrying out their duties under this Act or in accordance with a legal regulation adopted pursuant to this Act, insofar as these have been connected with the investment of capital benefits in accordance with Article 2 (1) (1) (1) to (5) (2) to (4). § § 195 to 202 of the Tax Code apply accordingly.

Footnote

(+ + + § 15 F. 2013-06-26: For application see § 17 (14) F.2013-06-26 + + +) Non-official Table of Contents

§ 16 Berlin Clause

Non-official table of contents

§ 17 Application rules

(1) The above The provisions of this Act shall apply, subject to the following paragraphs, for capital benefits which shall be laid down in accordance with the 31. It will be established in December 1993.(2) For capital benefits which are before the 1. Article 17 of the Fifth Stock Education Act, as amended by the Notice of 19 January 1994, shall apply as far as the provisions of paragraph 5 of this Article are applicable. January 1989 (BGBl. 137)-Fifth Asset Education Act 1989-taking into account the amendment by Article 2 (1) of the Law of 13. December 1990 (BGBl. 2749). (3) For capital benefits, which are set out in 1994 on the basis of one before the 1. Contracts concluded in January 1994
1.
pursuant to § 4 (1) or § 5 (1) of the Fifth Asset Education Act 1989 for the acquisition of shares or convertible bonds which are not shares or convertible bonds within the meaning of § 2 (1) (a) or (b), (2) sentence 1 above, or
2.
according to § 6 para. 2 of the Fifth Property Education Act 1989 on the establishment of a business guthabens with a cooperative that does not have a cooperative within the meaning of § 2 1 (1) (g), (2) sentence 2, or
3.
in accordance with Article 6 (2) or § 7 (2) of the Fifth Property Education Act 1989 on the adoption of a parent inlay, or for the acquisition of a business share in a limited liability company, which is not a company within the meaning of Section 2 (1) (h), (2) sentence 3 above,
, § § 2, 4, 6 and 7 shall apply instead of the foregoing § § 2, 4, 6 and 7 7 of the Fifth Property Education Act 1989.(4) For capital benefits, which shall be in accordance with the 31. Article 17 (5) and (6) of the Fifth Property Education Act 1989 shall apply as of 1989, pursuant to Article 17 (5), first sentence, of the Fifth Property Education Act.(5) For capital benefits which are before the 1. § 4 (2) to (5), § 6 (3) and § 7 (3) of the Fifth Property Education Act 1989 shall apply in respect of the use of capital-effective benefits and shall apply to the on blocking periods after the 31. December 1993 is no longer. For capital benefits which are before the 1. Article 7 (3) of the Fifth Stock Corporation Act (1989) on the basis of a contract within the meaning of Section 17 (2) of the Fifth Stock Education Act 1989 on the justification of one or more participations as a silent partner has been laid down. The Law on Property Education, as amended by the 19. February 1987 (BGBl. 630) on the blocking period after the 31. December 1993 is no longer.(6) For capital benefits which are before the 1. § 13 (1) and (2) of this Act shall apply in the version of the notice of 4 January 1999. March 1994 (BGBl. 406). (7) § 13 (1) sentence 1 and (2), as amended by Article 2 of the Law of 7. March 2009 (BGBl. 451) shall be applied for the first time in respect of assets which are effective in accordance with the provisions of the 31. December 2008.(8) § 8 (5), § 13 (5) sentence 1 and 2, § 14 (4) sentence 4 (b) and § 15 (1) No. 3 in the version of Article 7 of the Law of 29. July 2008 (BGBl. I p. 1509) shall be applied for the first time in respect of capital benefits, which shall be in accordance with the 31. December 2008.(9) § 4 (4) (4) and (13) (5) sentence 3 (3), as amended by Article 1 of the Act of 8. December 2008 (BGBl. I p. 2373) is for the first time in the case of dispositions after the 31. December 2008.(10) § 14, paragraph 4, sentence 2, as amended by Article 12 of the Law of 16. July 2009 (BGBl. I p. 1959) shall be applied for the first time in respect of capital benefits, which shall be in accordance with the 31. and in cases where on 22 December 2006, The Commission has not yet passed a final decision on an application for an employee savings allowance in July 2009.(11) Article 13 (1), second sentence, as amended by Article 10 of the Law of 8. December 2010 (BGBl. I p. 1768) is to be applied for the first time in the case of capital benefits, which are based on the 31. December 2008.(12) § 2, paragraph 1, point 5, as amended by Article 13 of the Act of 7. December 2011 (BGBl. I p. 2592) shall be applied for the first time in respect of assets which are effective in accordance with the provisions of the 31. It will be established in December 2011.(13) § 3 (1), first sentence, point 1, as amended by Article 18 of the Law of 26. June 2013 (BGBl. 1809), it is the first time to apply for capital benefits, which are in accordance with the provisions of the 31. It will be established in December 2012. § 4 (4) (1), (2) and (4), and Article 8 (5), first sentence, as amended by Article 18 of the Law of 26. June 2013 (BGBl. I p. 1809) are for the first time in the case of dispositions after the 31. December 2012.(14) The Federal Ministry of Finance shall notify the date of the first application of Articles 13 and 14 (4) and Section 15 in the version of Article 18 of the Law of 26. June 2013 (BGBl. I p. 1809) by a letter to be published in the Federal Tax Bulletin. § § 13 and 14 (4) as well as § 15 in the version of Article 13 of the Law of 7. December 2011 (BGBl. I p. 2592).(15) § 2 (1) (1), as amended by Article 5 of the Act of 18. December 2013 (BGBl. 4318) shall be applied for the first time in respect of assets which are effective in accordance with the provisions of the 31. It will be held in December 2013. Section 4, paragraph 4, point 4, as amended by Article 5 of the Act of 18. December 2013 (BGBl. 4318) is for the first time in the case of dispositions after the 31. December 2013. Non-official table of contents

§ 18 Termination of an investment contract concluded before 1994 and membership of a cooperative or a company with limited liability

(1) The employee has committed himself in a contract within the meaning of section 17 (3), even after the 31. In the case of capital gains or other amounts, it may, by 30 December 1994, be able to pay the contract until 30 December 1994. 1 September 1994 to 31 December 1994. The Commission shall, in writing, terminate in writing, in writing, that on the basis of this contract, capital benefits or other amounts shall be terminated after 31 December 1994. It is no longer to be paid in December 1994.(2) If the employee has become a member of a cooperative in the context of the conclusion of a contract within the meaning of Section 17 (3) (2), he may become a member of the Cooperative until the 30th time. 1 September 1994 to 31 December 1994. The Commission shall, in writing, terminate in writing, in writing, that after that date the obligation to make deposits on a share of the business and to pay an entrance fee shall not be required. Any further rights of the employee under the Statute of the Cooperative shall remain unaffected. The retired worker may pay the disbursment credit, the cooperative may pay a portion of a shortfall to the person who has been excreted to the person who has been excreted. January 1998.(3) If the employee has become a member of a company with limited liability in connection with the conclusion of a contract within the meaning of Section 17 (3) (3), he may become a member of the company until the 30th time of the contract. 1 September 1994 to 31 December 1994. The Commission has announced that it will be informed Further rights of the employee in accordance with the social contract shall remain unaffected. The employee entitled to leave may require the company to pay the traffic value of his/her share of business as a severance payment; the value of the traffic at the time of receipt of the notice of termination shall be the decisive factor. The employee can only demand compensation if the company can pay them without breach of § 30 (1) of the Act concerning companies with limited liability. If the company has paid for the severance payment, the employee shall no longer be granted any rights from his/her share of the business. Can the company be up to 31. The Commission shall, at the request of the employee entitled to leave, dissolve the severance payment in accordance with the fourth sentence of December 1996. In addition, Section 61 (1), (2), first sentence, and (3) of the Act concerning limited liability companies shall apply accordingly.(4) If services are not provided on the basis of the dismissal referred to in paragraph 1, 2 or 3, the employee shall not be responsible for this.(5) If, pursuant to paragraph 1, the employee has terminated a contract within the meaning of Article 17 (3) (2) or (2) of the membership of a cooperative, both dismissals shall be deemed to be declared if the employee does not expressly do so. excluded. The same applies if, pursuant to paragraph 1, the employee has terminated a contract within the meaning of Section 17 (3) (3) or (3) of the contract in a company with limited liability.(6) In the event that the employee does not exercise his right of termination under paragraph 1, the obligation to transfer capital benefits shall be deemed to be in accordance with the provisions of the 31. December 1994 as an obligation to pay other amounts at the appropriate level.