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Current status of entrepreneurial status of supervisory board members

  • The question of whether supervisory board members are considered entrepreneurs for tax purposes is controversial
  • The tax authorities consider supervisory board members to be self-employed and entrepreneurial if they receive at least 10% of their total compensation in variable compensation, such as meeting fees
  • The decision of the Cologne Finance Court in a specific case supported the view that receiving meeting fees does not automatically make someone an entrepreneur
  • The European Court of Justice ruled in a case involving a member of the board of directors of Luxembourg companies that there was no entrepreneurial activity because the individual did not bear any economic risk

Source: umsatz-steuer-beratung.de

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.

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