Ina Ree­se Tax & Legal Prac­ti­ce – Flens­burg | Harrislee

Action plan to tackle tax crime: What are the federal government’s plans?

The Ger­man Govern­ment is plan­ning toug­her pen­al­ties, a requi­re­ment to use cash regis­ters and the end of vol­un­t­a­ry dis­clo­sure as a means of avo­i­ding prosecution. 
Action plan to tackle tax crime: What are the federal government’s plans?

Action plan to tackle tax crime: What are the federal government’s plans?

Fede­ral Minis­ter for Finan­ce Lars Kling­beil and Fede­ral Minis­ter for Jus­ti­ce Dr Ste­fa­nie Hubig have joint­ly pre­sen­ted an action plan desi­gned to tack­le tax and finan­cial crime in Ger­ma­ny with far grea­ter deter­mi­na­ti­on. Alt­hough no spe­ci­fic draft legis­la­ti­on has yet been tab­led, the plan­ned mea­su­res are far-rea­ching and affect both busi­nesses and pri­va­te individuals.

New investigative structures and digitalisation

A Joint Cent­re for Com­ba­ting Tax and Finan­cial Crime is to be estab­lished within the cus­toms ser­vice, whe­re tax inves­ti­ga­tors from the fede­ral sta­tes and fede­ral cus­toms inves­ti­ga­tors will work tog­e­ther. The Joint Coun­ter-Ter­ro­rism Cent­re ser­ves as a model for this. In par­al­lel, plans are in place for a data ana­ly­sis cent­re that will con­so­li­da­te finan­cial data on a cen­tral plat­form and use arti­fi­ci­al intel­li­gence to iden­ti­fy sus­pi­cious patterns.

Of par­ti­cu­lar rele­van­ce to busi­nesses: from 1 Janu­ary 2028, a requi­re­ment to use a till will app­ly to busi­nesses with an annu­al tur­no­ver of more than 100,000 euros. In addi­ti­on, an elec­tro­nic VAT report­ing sys­tem will be intro­du­ced, through which com­pa­nies must report their tur­no­ver prompt­ly and on a tran­sac­tion-by-tran­sac­tion basis. Fur­ther­mo­re, the reten­ti­on peri­od for accoun­ting docu­ments is to be exten­ded from the cur­rent ten years to 15 years in future.

Stricter penalties for tax evasion

The pro­po­sed penal­ty ran­ge for par­ti­cu­lar­ly serious cases of orga­nis­ed tax crime is to be increased to up to 15 years’ impri­son­ment. Serious tax offen­ces are also to be clas­si­fied as cri­mes, which ent­ails a mini­mum pri­son sen­tence of one year. This has direct con­se­quen­ces for cri­mi­nal pro­cee­dings: in the case of cri­mes, neither a sum­ma­ry penal­ty order nor a sim­pli­fied dis­mis­sal of pro­cee­dings is pos­si­ble. Such cases would then have to be heard in open court.

End of voluntary disclosure exempting from criminal liability

Par­ti­cu­lar­ly far-rea­ching is the plan­ned aboli­ti­on of vol­un­t­a­ry dis­clo­sure, which curr­ent­ly offers immu­ni­ty from pro­se­cu­ti­on, in its cur­rent form. Under cur­rent law, tax­pay­ers can obtain immu­ni­ty from pro­se­cu­ti­on under Sec­tion 371 of the Tax Code if they pay the eva­ded tax and a surchar­ge of bet­ween 10 and 20 per cent. This sche­me is to be abo­lished becau­se, in the view of the minis­tries, it crea­tes the wrong incen­ti­ves: tho­se who fear detec­tion come for­ward, whilst tho­se who feel secu­re remain silent. It is not yet clear what arran­ge­ment will replace the cur­rent vol­un­t­a­ry dis­clo­sure scheme.

Higher fines for businesses and international cooperation

In future, it should be pos­si­ble to impo­se signi­fi­cant­ly hig­her fines on com­pa­nies that eva­de tax. In the case of serious offen­ces, the­re are also plans to publi­cise the sanc­tions. At Euro­pean level, the Euro­pean Public Prosecutor’s Office is to be streng­the­ned and bet­ter fun­ded so that it can pro­se­cu­te cross-bor­der tax crime more effectively.

What does this mean for businesses and individuals?

Alt­hough draft legis­la­ti­on has yet to be intro­du­ced, the action plan sets out a clear direc­tion: the sta­te intends to pur­sue tax eva­si­on more rigo­rous­ly, increase the likeli­hood of detec­tion and, at the same time, signi­fi­cant­ly rest­rict the scope for sett­ling such cases out of court. Anyo­ne who has so far reli­ed on vol­un­t­a­ry dis­clo­sure as a last resort should fol­low deve­lo­p­ments clo­se­ly. If you have any ques­ti­ons regar­ding tax com­pli­ance or exis­ting risks, it is advi­sa­ble to seek advice from a tax advi­ser or soli­ci­tor at an ear­ly stage.

Source: Hau­fe: Tax

This post and the accom­pany­ing image were crea­ted with the help of AI and have been edi­to­ri­al­ly reviewed.

You might also be interested in this