Source: BUS Sachsen-Anhalt (Linie6Plus)

File an objection against a notice of change to the artists' social security contribution

Description

Based on your objection, the Künstlersozialkasse (KSK) will check again whether it has made the correct findings. This can be done solely on the basis of the previous facts or by means of supplementary information or documents that you have subsequently submitted in the objection procedure.

You have the right to appoint an authorised person to communicate with the KSK on your behalf. This can be a lawyer, for example. If the appeal is successful for you, the KSK will usually reimburse the costs of the authorised person. The costs of a tax advisor cannot be reimbursed.

Prerequisites

You have already reported your remuneration and received a statement from the KSK.
The KSK will recalculate your artists' social security contribution if your notification and thus also the statement subsequently prove to be incorrect.

Required documents

As a rule, the KSK will ask you for any missing documents that it needs to make its decision.

However, you can also submit on your own initiative any documents you consider important to support your request.

Fees (costs)

There are no costs for you.

Deadlines

In the case of notification of the decision in Germany: 1 month.
In the case of notification of the decision abroad: 3 months.

Processing time

Usually 1 to 6 months.

Legal remedy

Action before the competent social court after a notice of objection has been issued. Detailed information on how to file an action can be found in the notice of objection issued by the KSK.
Action for failure to act at the competent social court if the authority does not decide on your objection within 3 months.

Applications / Forms

Forms: none
Online procedure possible: no
Written form required: yes
Personal appearance: partly (if the opposition is filed in writing)

Procedure

You submit your objection against the notice of change to the artists' social security contribution in writing to the KSK.

In your letter, you should note the following points:

You explain which finding or findings you want and give reasons for this request. For example, write,
- why you are not subject to the artists' social security contribution or
- why you consider the recalculation of the artists' social security contribution to be incorrect.
You can submit the reasons and, if necessary, further documents later at any time.

If your information or previously submitted documents are not sufficient for a decision on your objection, the KSK will contact you.

In order for your appeal to be successful, you should adhere to the deadlines set by the KSK. Extensions of the deadline are possible on request.

If a decision on your appeal has not yet been taken, you can withdraw it at any time.

You will receive written notification of the decision on your appeal.

If the KSK has wrongly or incorrectly determined your obligation to pay artists' social security contributions, it will cancel the old decision and you will receive a new decision.
If the KSK considers your objections to be unjustified, the KSK's objections committee will decide on your objection.
- If the appeals committee decides in your favour, you will also receive a written decision.
- If the appeals committee confirms the KSK's decision, you will receive a written notice of appeal explaining the reasons.