Questão jurídica principal
Whether the salary paid by A GmbH could be taxed under the simplified payroll procedure
Decisão extraída
The formal conditions may be met, but the procedure is not available here because the arrangement constitutes tax avoidance and falls outside the statutory purpose.
Fundamentação extraída
The simplified procedure is primarily meant to combat undeclared work in low-wage sectors and for third-party employees, not for company owners. Given the close functional and financial interlinking between A's farming business and the GmbH, a holistic view was required. The structure was unusual and led to a substantial tax saving, so the court found tax avoidance.