Fifth Law on the Promotion of the Property Development 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)

Unofficial table of contents

5. VermBG

Date of completion: 01.07.1965

Full quote:

" Fifth Asset Education Act, as amended by the Notice of 4 March 1994 (BGBl. 406), as last amended by Article 5 of the Law of 18 December 2013 (BGBl. 4318).

Status: New by Bek. 4. 3.1994 I 406;
Last amended Art. 5 G v. 18.12.2013 I 4318

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1982 + + +) 
(+ + + For application cf. § 17 + + +)
(+ + + The G is in that in Art. 3 of the agreement
said area in accordance with Annex I, chap. VIII Sachg. Ln. III No 1
United Vtr iVm Art. 1 G v. 23.9.1990 II 885, 1070 from 1 January 1991
, No more to be used in accordance with the provisions. Art. 1 (6) (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 Unofficial table of contents

§ 1 Personal scope

(1) The capital formation of the employees by the agreed capital benefits of the employers shall be promoted in accordance with the provisions of this Act. (2) Workers within the meaning of this Act are workers and employees, including those to be of their vocational training. Employees are also employed as employees. (3) The provisions of this law do not apply.
1.
for the capital benefits of legal persons to members of the institution, which is appointed to represent the legal person in law,
2.
for the capital benefits of persons as a whole, to the persons appointed by law, statutes or social contract for the representation of the total population.
(4) For civil servants, judges, professional soldiers and soldiers on time, the following provisions of this Act shall apply accordingly. Unofficial table of contents

§ 2 Asset-effective services, investment forms

(1) Capital benefits are cash benefits which the employer applies to the employee.
1.
as an austerity contribution by the employee under an austerity contract on securities or other financial holdings (§ 4)
a)
for the acquisition of shares issued by the employer or admitted to the regulated market on a German stock exchange or included in regulated free circulation,
b)
for the purchase of 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 debentures issued by the employer , however, for the purpose of acquiring the employer's name certificates, only where the costs of the employee's claims are borne by a credit institution or by an insurance undertaking on the basis of the employee's claims arising from the debt. are secured under private law and the credit institution or insurance undertakings within the scope of this Act are empowered to operate the business;
c)
on the acquisition of shares in UCITS special assets as well as open audience AIF established as a special fund in accordance with § § 218 and 219 of the Capital Investment Code as well as shares in open EU investment assets and open foreign AIF, which shall be the capital investment code may be sold if, according to the annual report for the penultimate 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 that investment fund 60 per cent of the value of this investment capital is not below; for new The investment assets shall be determined for the first and second financial year of the first annual report or the first half-yearly report after the investment assets have been laid down,
d)
(dropped)
e)
(dropped)
f)
for the acquisition of certificates issued by the employer as securities or admitted to the regulated market on a German stock exchange or included in the free movement, and of undertakings with their registered office and management in the scope of application this law, which is not a credit institution, is issued if the right to profit of a company is connected to the Genussseem and the employee is not a co-contractor within the meaning of the first sentence of Article 15 (1) of the Act income tax law,
g)
in the case of a cooperative with a registered office and a management board within the scope of this law; if the cooperative is not the employer, the investment of capital benefits presupposeth 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 Premium Act, which has been in force since at least three months at the time of the establishment or acquisition of the business credit Years in the register of cooperatives without any substantial change in their The company is registered and not dissolved or has its registered office and management in the area referred to in Article 3 of the agreement and there either on 1 July 1990 as a working-class housing cooperative, non-profit-making Housing cooperative or other housing association, or has acquired a non-essential part of housing from the stock of such a building or housing cooperative,
h)
for the acquisition of a parent or business share in a company with limited liability with its registered office and management within the scope of this Act, if the company is the employer of the employer,
i)
the justification or acquisition of a shareholding as a shareholder within the meaning of Section 230 of the Commercial Code of the employer of the employer, with its registered office and management, within the scope of this Act, if the employee is not considered to be a is to be regarded as a carrier within the meaning of § 15 (1) (2) of the Income Tax Act,
k)
on the grounds or the acquisition of a loan against the employer, where the claims of the employee are borne by a credit institution or by an insurance undertaking under private law, at the cost of which the employee is liable for the payment of the loan , and the credit institution or insurance undertaking is empowered to operate within the scope of this Act;
l)
the justification or acquisition of a right of access to the company of the employer of the place of business and management within the scope of this Act, provided that the right to profit of that undertaking is associated with the right of the employee not to be a co-contractor is to be regarded in the sense of Article 15 (1) (2) of the Income Tax Act and no health certificate as referred to in (f) is issued by way of the right of enjoyment of the products,
2.
as expenses of the employee under a security purchase contract (§ 5),
3.
as expenses of the employee pursuant to a participation contract (§ 6) or a participation purchase contract (§ 7),
4.
as expenses of the employee in accordance with the provisions of the housing premium legislation; the conditions for the granting of a premium under the housing premium law do not need to be met; the investment of capital benefits as a result of the housing development Expenses in accordance with § 2 (1) (2) of the Housing-Premium Act for the first acquisition of shares in building and housing cooperatives requires that the conditions of the first subparagraph of paragraph 1 (g) of the second half-sentence be fulfilled,
5.
as the expenditure of the worker
a)
for the construction, purchase, extension or extension of a domesced residential building or condomitic dwelling situated in the country,
b)
on the acquisition of a permanent housing right in the sense of the housing property law at a home located in the country,
c)
for the acquisition of a land situated in the country for the purpose of housing or
d)
in order to fulfil obligations which have been entered into in connection with the projects referred to in points (a) to (c),
provided that the installation is not based on a concept pre-fabricated by a third party in which the employee can create capital benefits together with more than 15 other workers; the promotion of expenditure under the terms of (a) to c presuppose that they are used directly for the projects referred to therein,
6.
as an austerity contribution by the employee under an austerity contract (§ 8),
7.
as contributions from the employee pursuant to a capital insurance contract (§ 9),
8.
as expenses of the employee who, in accordance with Section 18 (2) or (3), has terminated membership of a cooperative or a company with limited liability, in order to fulfil obligations arising from membership, which after 31 December 1994 persist or arise.
(2) Shares, convertible bonds, profit bonds or certificates of a company which, within the meaning of Section 18 (1) of the German Stock Corporation Act, are connected to the employer of the employer as a ruling company, are entitled to share shares, Convertible debentures, debt securities, or certificates 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 claim 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 within the meaning of paragraph 1 (1) (1) Point (b) and the first sentence of paragraph 2, in which, in addition to the profit-dependent interest, a a non-profit-making minimum interest shall be required to:
1.
the exhibitor declares in the profit school prescription that the profit-independent minimum interest rate will normally not exceed half of the total interest rate, or
2.
the profit-independent minimum interest rate at the time of the issue of the profit-sharing prescription does not exceed half of the return on fixed-income securities, which are reported in the monthly reports of the Deutsche Bundesbank for the fourth-last year. The calendar month preceding the calendar month of the issue is shown.
(4) The investment of capital benefits in the form of products and the rights of the property 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 not be guaranteed; shall be entitled to (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 registered offices and Executive management within the scope of this law are § 19 and a setting by statute according to § 20 (5a) The employer must, in cooperation with the employee, make provision, in cooperation with the employee, in order to ensure the protection of the invested capital, before the investment in the company's own business. Benefits in the event of insolvency of the employer during the period of the blocking period shall be used. The Federal Ministry of Labour and Social Affairs reports to the legislative bodies by 30 June 2002 on the measures taken pursuant to the first sentence. (6) Property-effective benefits are taxable income in the sense of the Income tax law and income, earnings or remuneration (remuneration) in the sense of social security and the Third Book of the 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. (7) Asset performance is an integral part of the wage or salary. The claim to the capital-effective performance shall not be transferable.

Footnote

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

§ 3 Property services for family members, transfer by the employer, identification, confirmation and notification obligations

(1) Assets may also be invested
1.
in favour of the spouse or partner of the worker who is not permanently separated,
2.
in favour of the children referred to in Article 32 (1) of the Income Tax Law, which shall be 17 at the beginning of the relevant calendar year. have not yet been completed or who were born alive in this calendar year, or
3.
in favour of the parent or parent of the worker, if the worker as a child satisfies the conditions laid down in point 2.
This does not apply to the investment of capital benefits under contracts in accordance with § § 5 to 7. (2) The employer has to transfer the capital benefits for the employee directly to the company or institute at which it is should be applied. 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 section 2 (1) to (4), the company or institute must inform the employer in writing without delay. The provisions of 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) The employer has to apply for a system selected by the employee in accordance with § 2 (1) no. 5 If the employee has provided the employer with a written confirmation from his creditor that the investment in the company is subject to the conditions laid down in Section 2 (1) (5) of the Code, the employee shall require the employee to transfer the capital benefits to the employee. , paragraph 2 shall not apply in this case. The employer does not have to verify the correctness of the confirmation. (4) (omitted)

Footnote

(+ + + § 3 (1) sentence 1 No. 1 F. 2013-06-26: For application see Section 17 (13) sentence 1 F. 2013-06-26 + + +) Unofficial table of contents

Section 4 Savings of securities or other financial holdings

(1) An austerity contract for securities or other financial holdings within the meaning of Article 2 (1) (1) is a savings contract with a credit institution or a capital management company in which the employee is obliged to contribute to the savings in the form of savings. Acquisition of securities within the meaning of section 2 (1) (1) (a) to (f), (2) sentence 1, (3) and (4), or on the grounds or for the acquisition of rights within the meaning of section 2 (1) (1) (g) to (l), (2) sentence 2 to 5 and (4) once or for the purposes of Duration of six years since the conclusion of the contract to be paid on an ongoing capital basis or to have other (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, shall be used, at the latest by the end of the following calendar year, for the purpose of acquiring the securities or for the purpose of acquiring or acquiring the rights, and shall be fixed until such time as it is used; and
2.
the securities acquired with the services are fixed immediately after their acquisition until the end of a period of seven years (period of closure) and, through the securities or the rights established or acquired with the services, up to the end of the period of expiry of the period of the blocking period shall not be provided by repayment, assignment, insult or otherwise.
The blocking period shall apply to all capital benefits applied under the contract and shall start on 1 January of the calendar year in which the contract has been concluded. The date of the conclusion of the contract shall be that of the day on which the capital benefit, in the case of contracts for current deposits, is the first capital effective, 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 they do not exceed a total of EUR 150 at the end of a calendar year and after the expiry of the period after which the period has expired. (4) A premature disposal is different shall not be harmful to paragraph 2 if:
1.
the worker, or his/her spouse or life partner, who has not been permanently separated from him after the contract has been concluded, or has become totally incapable of work,
2.
the worker has been married or has established a life partnership after the conclusion of the contract, but has been married before the advance, and has passed at least two years since the beginning of the blocking period at the time of the premature disposal,
3.
the worker has become unemployed after the contract has been concluded and the unemployment has passed without interruption for at least one year and is still available at the time of the early availability of the contract;
4.
the worker uses the proceeds within the following three months directly for his or her own training or for those of his/her spouse or partner who are not permanently separated from him, and the measure outside the holding, to which he/she is or the spouse or the life partner, and acquire knowledge and skills which serve the purpose of professional advancement and which go beyond job-related adjustment training; Benefits to be provided by the employer to the employee in accordance with Article 2 (1) (1) (1) a, b, f to l has applied and the rights of the employer of the employer justify it, this shall only apply with the consent of the employer; in the case of investments equivalent to § 2 para. 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, which is connected to the employer of the employer as a dominant company,
5.
the worker has taken up gainful employment under the responsibility of the non-self-employed work, which is to be communicated to the municipality in accordance with Article 138 (1) of the Community Tax Code, after the contract has been concluded, or
6.
shall be sold and the proceeds shall be re-used up to the end of the calendar month following the calendar month of the sale for the purpose of acquiring the securities referred to in paragraph 1, which shall be subject to the expiry of the sale of securities the following calendar month, unused proceeds shall be deemed to be reused in good time if, at the end of a calendar month, it does not exceed a total of 150 euros.
(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 or other capital management company shall be replaced by another credit institution during the term of the (6) In respect of capital gains or other amounts which are to be paid on an ongoing basis in a calendar year following the calendar year of the conclusion of the contract, no capital benefits shall be provided for. other amounts shall be disbursed, the contract shall be suspended and may will not be continued. The same shall apply if at least all deposits of a calendar year are repaid or the repayment claims are withdrawn from the contract or are to be paid.

Footnote

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

§ 5 Securities purchase contract

(1) A securities purchase contract within the meaning of section 2 (1) (2) is a contract of sale between the employee and the employer for the purpose of acquiring securities within the meaning of section 2 (1) (a) to (f), (2) sentence 1, (3) and (4) by the employee (2) The promotion of the capital benefits provided for under the terms of a contract referred to in paragraph 1 shall be subject to the agreement of the employee to offset the purchase price owed by the employee or to pay with other amounts. requires that
1.
the securities are acquired with the services of a calendar year at the latest by the end of the following calendar year; and
2.
the securities acquired with the services are determined without delay after their acquisition until the expiry of a period of six years (period of closure) and, via the securities, not by repayment, assignment, insult, or by the expiry of the period of suspension or in any other way; the period of suspension shall commence on 1 January of the calendar year in which the security has been acquired, and Article 4 (4) (4) (1) to (5) shall apply accordingly.
Unofficial table of contents

§ 6 Beteiligungs-Contract

(1) A 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 (l) and (4) for the employee of the company 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 with other amounts. (2) A participation contract within the meaning of § 2 para. 1 no. 3 is also a Contract between the worker and
1.
a company which is affiliated with the employer of the employer in accordance with Article 2 (2), second sentence, sentence 2 to 5, or is involved in that company pursuant to § 2 para. 2 sentence 4, on the grounds of rights within the meaning of section 2 (1) (l) (g) to (l), (2) (2) to (5) and (4) for the employee of that undertaking, or
2.
a cooperative with its 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, by means of which: Justification of a business credit for the employee of this cooperative
(3) The promotion of the sum of money owed by the employee for the justification of the rights or the business credit to be paid with capital benefits or with other amounts. (3) The contract referred to in paragraph 1 or 2 shall be subject to the following conditions:
1.
the rights shall be justified by the performance of a calendar year at the latest by the end of the following calendar year, and
2.
on the rights established by the Services until the expiry of a period of six years (blocking period) shall not be provided by repayment, assignment, secrecy or otherwise; the blocking period shall commence on 1 January of the calendar year in which the § 4 (4) (1) to (5) shall apply accordingly.
Unofficial table of contents

§ 7 Participation purchase contract

(1) A purchase contract within the meaning of section 2 (1) (3) is a contract of sale between the employee and the employer for the acquisition of rights within the meaning of section 2 (1) (g) to (l), (2) sentence 2 to 5 and (4) by the employee. (2) A purchase contract within the meaning of Section 2 (1) (3) is also a contract of sale between the two parties. Employees and a limited liability company which, pursuant to Article 2 (2) sentence 3, with the company of the employer, for the purpose of acquiring a business share within the meaning of section 2 (1) (1) (h) of this company by the employee with the agreement, the purchase price owed by the employee with capital benefits to be paid or to pay with other amounts. (3) For the promotion of the capital benefits applied on the basis of a contract pursuant to paragraph 1 or 2, § 6 para. 3 shall apply accordingly. Unofficial table of contents

§ 8 Savings Contract

(1) A savings contract within the meaning of Article 2 (1) (6) shall be a savings contract between the employee and a credit institution in which the agreements referred to in paragraphs 2 to 5, but at least those referred to in paragraphs 2 and 3, shall be: agreements. (2) The worker is obliged to:
1.
once or for a period of six years since the conclusion of the contract, at least once in the calendar year, as a savings contribution, to be able to deposit capital-effective benefits or to pay other amounts; and
2.
to determine, by the end of a period of seven years (restricted period), the benefits paid in respect of the credit institution and neither to withdraw nor to insult 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), second sentence, and 3. (3) The employee shall be at an early disposal by way of derogation from the agreement referred to in the first sentence of paragraph 2, point 2. (4) By way of derogation from the agreement referred to in the first sentence of the first sentence of paragraph 2, the employee shall also be entitled to have paid in before the expiry of the period of suspension of the agreement. to acquire capital benefits
1.
securities within the meaning of section 2 (1) (1) (a) to (f), (2) sentence 1, (3) and (4),
2.
Bonds issued by the Confederation, by the Länder, by the municipalities, by other bodies of public law, by the employer, by a company within the meaning of Section 18 (1) of the German Stock Corporation Act as a sovereign company with the company of the However, if the claims of the employer are issued by the employer or by a credit institution with a head office and a management board within the scope of this Act, the employer's name debentures shall only be issued if the costs of the debtor's rights are employed by a credit institution on the basis of the debenture or are secured by an insurance undertaking under private law and the credit institution or insurance undertaking is authorised to operate in the scope of this Act;
3.
Genuine certificates issued by a credit institution with its registered office and management within the scope of this Act, which is not the employer, as securities, if the right to profit of the credit institution is linked to the profit-making certificates , the employee is not to be regarded as a carrier within the meaning of Article 15 (1) (2) of the Income Tax Act and the conditions set out in Article 2 (4) are fulfilled,
4.
Debt claims entered in a debtor of the Federation or of a country,
5.
Shares in a special fund issued by capital management companies within the meaning of the capital investment code and not covered by § 2 (1) (1) (c), or
6.
Shares in open EU investment assets and foreign AIF that may be distributed under 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 dispose of the securities by the end of the blocking period; this obligation exists (5) By way of derogation from the agreement referred to in the second sentence of the first sentence of paragraph 2, the employee shall also be entitled to transfer the transfer before the closing date of the closing date of the closing date. -paid-in-capital benefits on 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), as last amended by Article 7 of the Law of 5 April 2011 (BGBl I). 554), it is not harmful to the version in force. The first sentence shall apply to building savings contracts concluded before 1 January 2009 and after 31 December 2008.

Footnote

(+ + + § 8 paragraph 5 sentence 1 F. 2013-06-26: For 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 Article 2 (1) (7) is a contract of capital insurance for the life and death of a current contribution, which is for a period of at least 12 years and with those referred to in paragraphs 2 to 5. shall be concluded between the worker and an insurance undertaking authorised to operate within the scope of this Act. (2) The employee shall be obliged to make insurance contributions to be able to pay off capital benefits or to pay other amounts. (3) The Insurance contributions do not include any shares in additional services such as for accident, invalidity or illness. (4) The insurance contract provides that a non-recent portion of at least 50 percent of the paid-up will be paid as soon as the contract begins. Contribution as a repurchase value (§ 169 of the Insurance Contract Law) is reimbursed or the calculation of the premium-free insurance benefit (§ 165 of the Insurance Contract Law) is based on. (5) The profit shares are used
1.
to increase the insurance performance, or
2.
at the employee's request, for offsetting contributions due, if he has become unemployed after conclusion of the contract and if the unemployment has passed without interruption for at least one year and is still in place at the time of the settlement.
Unofficial table of contents

§ 10 Agreement of additional capital benefits

(1) Property-effective services may be agreed in contracts with employees, in company agreements, in collective agreements or in binding conditions (Section 19 of the Home Labour Act). (2) to (4) (omitted) (5) The employer may to the contractually agreed capital benefits provided for in collective agreements, which have been provided to the employee in the calendar year so far as an asset-effective service. Unofficial table of contents

Section 11 Asset management of parts of the labour wage

(1) The employer shall, at the written request of the employee, have to conclude a contract for the capital-capital investment of parts of the wage. (2) Even capital-effective parts of the wage are capital-efficient services. within the meaning of this Act. (3) At the end of 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 is only obliged to: if the employee makes the investment of parts of the pay in monthly of the The amount shall be equal to at least EUR 13 or in quarterly amounts of at least EUR 39, or only once in the calendar year, equal to a sum of at least EUR 39. In the case of the investment in monthly amounts during the calendar year, the employee can only change the nature of the capital investment and the company or institute 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 establishment 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. The worker may require a one-off installation in accordance with paragraph 3 to a date other than that specified in the first sentence of sentence 1.
1.
of parts of the labour wage which it achieves in the last pay period of the calendar year, or
2.
of parts of special benefits paid in connection with the Christmas or the end of the year.
(5) In each calendar year, the employee may, in writing, require the employer in writing that the contract for the capital investment of parts of the wage is cancelled, 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, the employer shall be able to conclude a new contract for the investment in the labour market. (6) Paragraphs 3 to 5 shall be dismissed. Unofficial table of contents

§ 12 Free choice of plant

The provisions of this Act shall only encourage the provision of assets which are effective if the worker is free to choose the nature of the asset ' s assets and the undertaking or institution in 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. Unofficial table of contents

§ 13 Claim for employees-savings allowance

(1) The employee is entitled to an employee savings allowance in accordance with paragraph 2 if he is to be transferred to the company, the institution or the creditor referred to in § 3 (3) in the data transfer in accordance with the second sentence of Article 15 (1) and the third sentence of the second sentence of Article 15 (1). , and its income does not exceed the following limits:
1.
the income limit of EUR 20 000 or, in the case of a conformation pursuant to § 26b of the Income Tax Law of EUR 40 000, or of an income tax code of EUR 40 000 or a combination according to § 2 (1) (1) to (3) (2) to (4) of the Income Tax Act
2.
the income limit of EUR 17 900 or, in the case of a conformation pursuant to § 26b of the Income Tax Law of EUR 35 800, applied in accordance with section 2 (1) (4) and (5) of the income tax.
The income tax to be taxed is decisive in accordance with § 2 (5) of the Income Tax Act in the calendar year in which the capital benefits have been invested. (2) The employees ' savings allowance is 20 percent of the income tax in accordance with § 2 (1) (1) (1) (1) (1) (1) (1)). to 3, (2) to (4) of capital benefits, provided that they do not exceed EUR 400 in the calendar year, and 9 per cent of the capital benefits applied in accordance with § 2 (1) (4) and (5), in so far as they do not exceed 470 euros in the calendar year (3) The employees ' savings allowance shall not be considered to be a taxable person in the In the sense of the Income Tax Act, income, earnings or remuneration (remuneration) in the sense of social security and the third book Social Code; it does not apply to labour law as part of the wage or salary. The right to an employee-savings allowance is not transferable. (4) The right to an employee-savings supplement arises with the end of the calendar year in which the capital-saving benefits have been invested. (5) The right to an employee-savings allowance Without retroactive effect, insofar as the time limits specified in § § 4 to 7 or in the case of an installation pursuant to § 2 para. 1 no. 4 are not complied with in accordance with the conditions laid down in Section 2 (1) Nos. 3 and 4 and Section 3, sentence 1 of the Housing Premium Act. The first sentence shall apply to building savings contracts concluded before 1 January 2009 and after 31 December 2008. The claim shall not be waited if the blocking period is not complied with, because
1.
the employee has accepted the exchange or severance offer of a securities issuer or securities have been submitted to the issuer for redemption after draw-off or termination by the issuer,
2.
the securities or securities acquired or substantiated with the capital benefits have become worthless in the sense of Section 2 (1) (1) (1), (2) to (4) without the employee's participation, or
3.
the employee has, in accordance with § 2 (1) No. 4, the employee benefits in accordance with Section 4 (4) (4) No. 4 in the amount of at least 30 euros.

Footnote

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

§ 14 Establishment of the employees-savings allowance, application of the tax system, regulation authorisation, legal action

(1) The management of the employees ' savings allowance is the responsibility of the financial offices. The employees-savings allowance is paid out of the receipts of the payroll tax. (2) The employees-savings allowance shall apply the provisions of the tax regulations applicable to tax allowances accordingly. This does not apply to § 163 of the Tax Code. (3) For the employees ' savings allowance, the criminal provisions of § 370 (1) to (4), § § 371, 375 (1) and § 376, as well as the fines requirements of § § 378, 379 (1) and (4) and § § 383 and 384 apply. of the tax order. § § 385 to 408 shall apply to the criminal proceedings for the offence referred to in the first sentence and to the beneficiary of a person who has committed such a crime, in the case of a fine for a fine of an offence pursuant to sentence 1 of the § § 409 to 412 of the (4) The employees ' savings allowance is 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 is due
a)
at the end of the period prescribed for the investment form, in accordance with this Act,
b)
with the expiry of the blocking and repayment periods mentioned in the Housing Construction Premium Act or in the Ordination on the Implementation of the Housing-Premium Law. In the case of building savings contracts, the blocking and repayment periods mentioned in Section 2 (3), first sentence, of the Housing Construction Premium Act shall apply regardless of whether the contract has been concluded before 1 January 2009 or after 31 December 2008,
c)
with the allocation of the building savings contract, or
d)
in cases of non-harmful disposal.
(5) A decision to refuse the fixing of an employee's savings allowance should be repealed and the employee savings allowance should be fixed retroactively if the income tax decision is changed after the refusal of the right of refusal and the right to savings is changed and the employee's savings tax is subsequently fixed. it is determined for the first time that the income limits of Section 13 (1) have fallen below the limits of paragraph 1. 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 change in income tax fixing has not been preceded by a decision to refuse the fixing of an employee savings allowance. (6) Consists of expenses representing capital benefits, a Entitlement to an employee-savings allowance and, by way of derogation from § 1 sentence 2 (1) (1) of the Housing-Premium Act, the employee applies for a housing premium, the deadline for the fixing of the employees-savings allowance does not expire before the expiry of the period one year after notification of the notification of the modification of the (7) The Federal Government is authorized, with the consent of the Federal Council, to further regulate the procedure for the fixing and payment of the employees ' savings allowance, in so far as this is necessary to simplify the procedure. is required. 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's 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 shall be subject to the financial right of appeal.

Footnote

(+ + + § 14 para. 4 F 2013-06-26: For application see Section 17 (14) F.2013-06-26 + + +) Unofficial table of contents

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

(1) The company, the institution or the creditor referred to in § 3 (3) shall have, by 28 February at the latest, the calendar year following the date of the investment of the capital benefits, by means of remote data transmission, after the date of the official record of the record. to transmit the following data in accordance with the provisions of the tax data transfer regulation within the framework of an electronic asset-training certificate, if the employee has consented to the transfer of data to the person responsible for the transmission of data:
1.
Name, first name, date of birth, address and identification number (section 139b of the tax code) of the employee,
2.
the annual amount of the capital benefits, as well as the nature of the investment, which are invested in accordance with section 2 (1) (1) to (5), (2) to (4),
3.
the calendar year to which these capital benefits are to be attributed; and
4.
either the end of the blocking period prescribed for the investment form in accordance with this Act or, in the case of an installation pursuant to § 2 para. 1 no. 4, the end of the term of the housing premium law or the regulation implementing the housing premium law Blocking and repayment periods. In the case of building savings contracts, the blocking and repayment periods referred to in § 2 (3) sentence 1 of the Housing Premium Act are to be certified regardless of whether the contract has been concluded before 1 January 2009 or after 31 December 2008.
The consent provided for 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 referred to in the second sentence, the data shall be transmitted by the end of the following calendar quarter. (2) Federal Government is empowered to adopt further provisions by means of a legal regulation with the consent of the Bundesrat
1.
Recording and reporting obligations of the employer and the company or institution in which the capital benefits are invested, and
2.
the definition of securities and the manner in which it is necessary, in so far as it is necessary, in order not to injustice, to recover, to recover or not to withhold the employees ' savings supplement.
(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 legal regulation adopted pursuant to this Act, they shall be liable for the (4) The tax office, which is responsible for the taxation of the persons referred to in paragraph 3, has, at the request of the latter, provided information on the basis of which the tax authorities responsible for the taxation of the persons referred to in paragraph 3 have not been repaid or withheld. to provide, as in the individual case, the provisions relating to capital benefits, which are laid down in accordance with Article 2 (1) (1) (1) to (5) (2) to (4). (5) The tax office responsible for the external audit of the payroll may carry out an external audit in the cases referred to in paragraph 3 in order to determine whether they fulfil their obligations under this Act; or in accordance with a decree law adopted pursuant to this Act, in so far 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 shall apply accordingly.

Footnote

(+ + + § 15 F. 2013-06-26: For application cf. Section 17 (14) F.2013-06-26 + + +) Unofficial table of contents

§ 16 Berlin-clause

(unopposed) Unofficial table of contents

Section 17 Application requirements

(1) The above provisions of this Act shall apply subject to the following paragraphs on capital benefits, which shall be applied after 31 December 1993. (2) For capital benefits, which are applied before 1 January 1994. , unless otherwise provided for in paragraph 5, Section 17 of the Fifth Property Education Act, as amended by the Notice of 19 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 applied in 1994 on the basis of a contract concluded before 1 January 1994
1.
pursuant to section 4 (1) or (5) (1) of the Fifth Stock Education Act 1989 for the acquisition of shares or convertible bonds, which do not include shares or convertible bonds within the meaning of Section 2 (1) (a) or (b), subsection 2 (2) of the above 1; or
2.
in accordance with Section 6 (2) of the Fifth Property Education Act 1989 on the establishment of a business credit for a cooperative which is not a cooperative within the meaning of Section 2 (1) (g), subsection 2, sentence 2 above, or
3.
in accordance with Section 6 (2) or Section 7 (2) of the Fifth Stock Education Act 1989 on the assumption of a parent investment or the acquisition of a business share in a limited liability company which does not have a company within the meaning of § 2 above Paragraph 1 (1) (h), subsection 2, sentence 3,
§ § § 2, 4, 6 and 7 of the Fifth Property Education Act 1989. (4) For capital benefits which after 31 December 1993 pursuant to a contract within the meaning of § 17 (5) sentence 1 of the Fifth Act (Fifth Act of the Fifth Act) (5) For capital benefits which have been laid down before 1 January 1994 on the basis of a contract within the meaning of paragraph 3, the provisions of the 1989 Act on the Law of the Law of 1989 shall apply to the provisions of the 1989 Act on the Accumulation of Assets and the Law of the State of the European Union. § 4 (2) to (5), § 5 (2), § 6 (3) and § 7 (3) of the Fifth Property Education Act 1989 are applicable by way of time limits no longer for the use of capital benefits and for the periods of closure after 31 December 1993. For capital benefits which were applied before 1 January 1990 on the basis of a contract within the meaning of Section 17 (2) of the Fifth Property Education Act 1989 on the justification of one or more participations as a silent partner , § 7 (3) of the Fifth Property Education Act is applicable in the version of the Notice of 19 February 1987 (BGBl. 6) For capital benefits which have been applied before 1 January 1999, Section 13 (1) and (2) of this Act shall apply in the version of the Notice of 4 March 1994 (BGBl. 406). (7) § 13 (1) sentence 1 and (2) in the version of Article 2 of the Law of 7 March 2009 (BGBl. I p. 451) shall be applied for the first time for capital benefits which are to be applied after 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 Act of 29 July 2008 (BGBl. I p. 1509) shall be applied for the first time for capital benefits which are to be applied after 31 December 2008. (9) § 4 para. 4 no. 4 and § 13 para. 5 sentence 3 no. 3 in the version of Article 1 of the Law of 8 December 2008 (BGBl. 2373) is to be applied for the first time in the case of dispositions after 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 for capital benefits, which shall be applied after 31 December 2006, and in cases where, on 22 July 2009, an application for an employee's savings supplement has not yet been passed. (11) § § 13 (1), second sentence, as amended by Article 10 of the Law of 8 December 2010 (BGBl). I p. 1768) shall be applied for the first time for capital benefits which are to be applied after 31 December 2008. (12) § 2, paragraph 1, point 5, as amended by Article 13 of the Law of 7 December 2011 (BGBl. I p. 2592) shall be applied for the first time for capital benefits, which shall be applied after 31 December 2011. (13) § 3 (1) sentence 1, point 1, as amended by Article 18 of the Law of 26 June 2013 (BGBl. 1809) shall be applied for the first time for capital benefits, which shall be applied after 31 December 2012. § 4 (4) (1), (2) and (4), as well as § 8 (5) sentence 1, as amended by Article 18 of the Law of 26 June 2013 (BGBl. (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. 2592). (15) § 2, paragraph 1, point 1, as amended by Article 5 of the Law of 18 December 2013 (BGBl. 4318) shall be applied for the first time in respect of capital benefits, which shall be applied after 31 December 2013. Section 4, paragraph 4, point 4, as amended by Article 5 of the Law of 18 December 2013 (BGBl. 4318) shall be applied for the first time in the case of dispositions after 31 December 2013. Unofficial table of contents

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

(1) If the employee is bound by a contract within the meaning of Article 17 (3) to have net capital benefits paid or to pay other amounts even after 31 December 1994, he may, until 30 September 1994, apply the contract to: (2) If the worker is involved in the conclusion of the contract, the effect of the contract shall be terminated in writing on 31 December 1994. (2). In accordance with Article 17 (3) (2) of the Treaty, a member of a cooperative has become a member of a cooperative, he or she may Membership by 30 September 1994 to 31 December 1994 with effect in writing, that after that date the obligation to make deposits on a share of the business and to pay an entrance fee is not required. Any further rights of the employee under the Statute of the Cooperative shall remain unaffected. The retired worker may claim the disbursment of the disburial credit, the cooperative may require the payment of a portion of a deficit to be paid to the retired worker on 1 January 1998. (3) in connection with the conclusion of a contract within the meaning of section 17 (3) (3) of the shareholders of a company with limited liability, it may terminate the membership in writing until 30 September 1994 to 31 December 1994. 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 is no longer able to enjoy any rights from his/her share of the business. If, by 31 December 1996, the company is unable to pay the severance payment in accordance with the fourth sentence, it shall be disburted at the request of the person entitled to leave the company. Article 61 (1), (2), first sentence, and (3) of the Act concerning limited liability companies shall apply in accordance with. (4) If the dismissal referred to in paragraph 1, 2 or 3 fails to provide benefits, the worker shall have the right to: (5) If, pursuant to paragraph 1, the worker has terminated a contract within the meaning of Article 17 (3) (2) or (2) of the membership of a cooperative, both dismissal shall be deemed to be declared if the worker does not do so has been expressly excluded. The same applies if, pursuant to paragraph 1, the employee has terminated a contract within the meaning of Article 17 (3) (3) or (3) of the contract in a company with limited liability. (6) Power of the employee from his right to terminate the contract in accordance with paragraph 1, the obligation to transfer capital benefits shall be deemed to be an obligation, after 31 December 1994, to pay other amounts at the appropriate level.