New Rules In The Factoring

Factoring the Germans assumed future financial supervision Bundestag approved the amendments in November 2008, in connection with the consultations for the annual tax act 2009. The Federal Council has agreed to put still this in December. This law indicates that factoring a form of financing is that, in addition to the normal lending by the banks, in terms of economy has gained considerable importance. Meanwhile, factoring has a central role in the financing of the German industry and in particular for the financing of SMEs. Therefore, the provider should now with the entry into force of the new law, from 01.01.2009, be placed under supervision. Factoring companies were freed, however, by a number of superfluous rules. Just at the medium-sized suppliers that can pay off, because in the future the businesses of factoring need more to hold no minimum initial capital and remain free in liquidity and Solvabilitatssteuerung.

In return for this purpose are the companies in Future, as also the other credit institutions, included in the trade tax privilege, according to 19 GewStDV. This means that to the factoring company in the future commercial tax-neutral can refinance. Is also to be welcomed that the unequal treatment is now fixed. Since the companies in their economic function of funding in the financing of business investment in the daily competition with traditional financial institutions, factoring interest rates are also subject to since the corporate tax reform 2008 to 25 percent of the trade tax add-back. Other competitive disadvantages caused by the unequal treatment to the conventional banks. This led to a disadvantage by German factoring companies compared to the foreign suppliers at the same time. Therefore, the German factoring companies welcome that the double taxation of factoring has an end. The Finance Committee of the German Bundestag, as well as the Ministry of finance have here good work, that the concerns of the German factoring companies and medium-sized sufficiently capture”, said Hauke Kahlcke, Member of the Board of the German Association of factoring.

However, there will be vendors, which can even satisfy the significantly reduced requirements for a financial supervisory authority. They should wonder whether even an existence on the market is entitled. This applies especially, based on the current happenings in the international financial sector. Factoring is and remains a safe, reliable, and bank-independent financial partner in Germany but also in 2009.

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