Good contribution, had it also times so roughly cut in my contribution, however, were already my numbers no longer up to date for 2022 I think currently applies in the capital gains up to 11,184 euros tax-free, if he has no other income. Basic allowance (10,347 euros), saver allowance (801 euros from 2023 1000euro) special expenses allowance (36 euros). Two important tips are missing me personally still the reference bzgl. the gift tax from 400k and the omission of Bafög if the assets exceed 7500 € sources: are very little mentioned here. Also, I would in the current market situation no Etf recommendations raushauen otherwise halt the reference to you legally secure that this is not investment advice before you someone pees on the leg.
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•@Koenigmidas BAfög tax-free amount now at €15,000
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@freakyfinance echt see again learn something new. 👌
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2Yr
@Koenigmidas According to Finanzfluss (they have asked Bafin), the note "no investment advice" brings nothing at all, because advice can only be individual. If it is a recommendation it would also bring nothing to say that it is not one if one can understand it then nevertheless as such. So one can omit it also completely
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@Moep you can but it is just clearly defined. Who may make investment advice and this can also be documented by BaFin, as long as it complies with the WpHG-MaAnzV. Under investment advice can also count a list of investment proposals even if the selection is up to you. Finanzfluss is right, because investment advice is just at such levels and also in the online space difficult to prove, because you have to sue as a plaintiff and injured party on false advice. And then it must be checked whether the advice was suitable or unsuitable at the time. Only a retrospective statement (in case of losses) does not allow to conclude. So the regelment at least for Germany, since the platform but also beyond Germany already attracts users. Would have to look there still the topic investment advice.... Had to be advised me in these right topics already, since various watchlisten of me already once on various Discord server made the rounds.... Therefore, alone on Mr. Kehl and his team, I would not want to trust 😉
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2Yr
@Koenigmidas why Finanzfluss is right when they argue quite differently than you do, namely not comprehensibility, I do not understand now, but so be it... Out of interest, I have now read up on Bafin myself and come to the conclusion: Everything that is posted here does not count as investment advice. "1. The legal definition of investment advice § 1 para 1a sentence 2 no. 1a of the German Banking Act (Kreditwesengesetz - KWG) defines investment advice as the "provision of personal recommendations to customers or their representatives relating to transactions in specific financial instruments, provided that the recommendation is based on an examination of the investor's personal circumstances or is presented as suitable for him and is not announced exclusively through information dissemination channels or to the public (investment advice)."
Accordingly, investment advice is provided if - a personal recommendation is made that relates to transactions in certain financial instruments, - the recommendation is made to clients or their representatives, - the recommendation is based on an examination of the investor's personal circumstances or is presented as suitable for him, and - the recommendation is not disclosed exclusively through information dissemination channels or to the public."5. disclosure of the recommendation through information dissemination channels or to the public does not constitute investment advice It is not investment advice if the recommendation is disclosed exclusively through so-called information dissemination channels or to the public. These forms of disclosure exist if they are suitable and intended to reach the general public, i.e. a group of persons that cannot be individually determined. The exception covers, in particular, advice given in the press, on the radio (radio and television), on the Internet or at public events. According to my understanding, two points are decisive here. 1. It is rather seldom asked for personal information and goals (yes, now and then there are those who present their depot and then it is asked for, but such general info posts like this one are completely out of the question. It is after all addressed to all and not to a specific person) 2. the communication takes place over a channel visible to the public. And at the latest the 2nd point makes any posts that are published here to no investment advice. And my understanding is that you do not need to worry about all watchlists because of these points. However, I'm not a lawyer, so it's possible that I misunderstand something... Is there no one here who would like to make a post so that he can then write in the future under every 2nd post "look, this is pointless. I have already written something about this...." Source to read: https://www.bafin.de/SharedDocs/Downloads/DE/Merkblatt/dl_mb_110513_anlageberatung_neu.html
Accordingly, investment advice is provided if - a personal recommendation is made that relates to transactions in certain financial instruments, - the recommendation is made to clients or their representatives, - the recommendation is based on an examination of the investor's personal circumstances or is presented as suitable for him, and - the recommendation is not disclosed exclusively through information dissemination channels or to the public."5. disclosure of the recommendation through information dissemination channels or to the public does not constitute investment advice It is not investment advice if the recommendation is disclosed exclusively through so-called information dissemination channels or to the public. These forms of disclosure exist if they are suitable and intended to reach the general public, i.e. a group of persons that cannot be individually determined. The exception covers, in particular, advice given in the press, on the radio (radio and television), on the Internet or at public events. According to my understanding, two points are decisive here. 1. It is rather seldom asked for personal information and goals (yes, now and then there are those who present their depot and then it is asked for, but such general info posts like this one are completely out of the question. It is after all addressed to all and not to a specific person) 2. the communication takes place over a channel visible to the public. And at the latest the 2nd point makes any posts that are published here to no investment advice. And my understanding is that you do not need to worry about all watchlists because of these points. However, I'm not a lawyer, so it's possible that I misunderstand something... Is there no one here who would like to make a post so that he can then write in the future under every 2nd post "look, this is pointless. I have already written something about this...." Source to read: https://www.bafin.de/SharedDocs/Downloads/DE/Merkblatt/dl_mb_110513_anlageberatung_neu.html
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@Moep meant halt with right that it warscheinlich no effect has bzgl. The difficult proof of the false consultation. Yes vll I have also something wrongly understood. I came very often in contact with the law but am also not a lawyer. 😅 Vll we find someone who brings us light into the dark and for this also gets a CCF from me🙃
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2Yr
@Koenigmidas Our lawyer @tim1 still exists (unfortunately, we haven't read anything from him in a long time).
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