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An overview of the regulations on artist social insurance: polemic about the KSK

Recently, web designers have been allowed into the artists' social insurance. But while they are happy, their clients are annoyed - because they now have to pay tribute to the artists' social insurance. An overview of the regulations.

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No reason to polemic

This is understandable, but by no means a reason to become polemical and to immediately evoke Germany's downfall, a huge wave of bankruptcies or other mischief. I have a particularly plemic one Items take a close look at the topic and comment on it accordingly (bold and italic between the text).

It remains to be doubted that these measures are decisive and have a positive effect, since only the forced transfer (5,5% of the calculated costs) to the artist's social fund for entrepreneurs will have a negative impact. It is also possible for 5 years retroactively.

KSK: Active since 25 years

In fact, artists' social contributions have been a regular in many areas since 25 years. I do not know that the charges would have been overly negative. Artists and publicists are doing well: they may go to the Künstlersozialkasse, where the clients contribute to the contributions to the health and pension insurance.

Even if there has been a lot of displeasure with KSK lately, especially smaller ones Company who can still hardly pay social security contributions for PR or web design, for example: The KSK is only fair.

Many companies are benefiting from the fact that they work together on a large scale and work more freely with free partners.

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Many professions can not benefit

On the other hand, it is less fair that this regulation only affects artists and publicists. Because there are professional groups such as fee teachers who even have to take out pension insurance themselves.

Therefore, it is good that in the meantime thinking about a protection for other self-employed, in which also the clients are involved. Especially in the professional group fee teachers would bring many benefits and eliminate injustices.

Since 7.7.05 a judgment of the Bundessozialgericht has been handed down.

"A company that regularly entrusts a company under civil law with the production and maintenance of a website for the purpose of self-promotion and public relations work is subject to the KSVG with the fees paid for it."

tax liability

The obligation to pay the fee can be raised by the artists' social insurance fund “retrospectively for 5 years”. That is interesting, however, because web designers themselves have to prove that they are mainly active as an artist in order to be accepted into the KSK. This results in an obvious discrepancy in handling.

Entrepreneurs will be even more reserved for unemployed people or small business owners, who are the majority of web design companies, to handle such tasks. Because it means that web designers are also artists in the sense of the KSVG and therefore a duty to make a website design.

Who is the KSK accepting?

That, in turn, should be left open and is not a substantiated statement! The KSK, on ​​the other hand, generally does not accept traders because they are not artistically active ... And nice that unemployed people are thrown together with existing companies / (nothing else are small traders) ...

Furthermore, it is said that websites of the clients are commonly attributed to advertising and public relations. Therefore, it should not depend on the extent of creative freedom in their creation. It is equally irrelevant if the contractor has not completed any artistic training, for example as a graphic designer.

If the Contractor is not a member of the KSK?

Completely detached from this is the fact whether or not the contractor is a member of the Künstlersozialkasse. Even if the contractor is not a member of the KSK, the 5,5% must be paid. It is therefore a coercive measure, similar to the IHK contributions, which are currently being criticized and reviewed in the EU.

Here again the contradiction mentioned above can be seen: Web designers have to prove their artistic activity ... For web designers who are not artistic, there should be no levy. It remains to be seen whether this is actually a coercive measure.

Dare more freedom?

The Angela Merkel saying “we want to dare more freedom” at the inauguration as Chancellor has been thwarted again and no one is in sight of changing the laws in order to finally get started. "YOU are Germany" - will soon be called "I am not Germany - because I am not stupid".

If you want to do something, you do not have to change the law: there it only says that artists are included in the artists' social insurance. Who is considered as an artist that decide various court decisions such as the above. And there is just a contradiction against which anyone who wants can take legal action. Conclusion everyone can do something. As always, only costs a little time and effort.

Step into the bankruptcy?

There will be even more corporate failures, businesses will increasingly move to other countries as clients and without orders, the masses of I-AGs, in particular those of web designers have to follow this trend forcibly - just slip into bankruptcy. Who should hire unemployed people? Who still has a secure job?

Since when have freelance / or. commercial web designers a secure job? And why is it now becoming so polemical and irrelevant? You get the impression that the author wanted to vent personal anger ... completely pulled by the hair. Especially since the artist social insurance is a good and cheap insurance for many small self-employed persons and saves some of them from bankruptcy!

Are craftsmen too?

It is to be expected that soon a painter will be artistically classified and thus the federal budget with 5,5% of its contract sum in addition to the previous taxes sponsored. The examples of similar professions is infinite or what is the difference of advertising for one's own purposes when the next hairdresser creatively dyes the hair?

Painters and hairdressers are regarded primarily as craftsmen, with the emphasis on non-artistic performance. There are also judgments.

A step closer to the abyss

An artistic achievement of a painter in the sense of the KSK would be if he would design each wall individually. But this is not usually the case as with a hairdresser, who also conjures a special hairstyle, but which does not constitute the main component of his activity. This means that the social insurance for artists is not possible at all.

Germany is still a bit closer to the abyss - a few steps yet and that was it then.

Who feels threatened, is to blame itself!

Hardly by this rule!) Who feels threatened by it is your own fault. However, such poorly researched and polemic contributions unnecessarily stir up trouble where there is no reason to get angry. If you read something like that, then please be critical. And do not take it too seriously!

Qellen to the text: BUNDESSOCIALGERICHT Judgment of the 7.7.2005, B 3 KR 29 / 04 Rhier of the Senate to the obligation to submit to the Kunstersozialkasse.

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4 responses to “Regulations on artists' social insurance at a glance: Polemics about the KSK”

  1. Oliver says:

    Thank you for the time you put into researching this KSK article. I really appreciate that!

  2. Josephine says:

    Good site, useful information.

  3. Rebecca Metter says:

    Good article, all right. More can not say that.

  4. Main communication says:

    Artist's social security contribution ...

    Agencies, artists and publicists do not have to inform their customers or customers of this tax. Nonetheless, every service provider is interested in an honest business relationship, so that I should briefly address the topic.

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