Ina Ree­se Tax & Legal Prac­ti­ce – Flens­burg | Harrislee

Voluntary disclosure leading to immunity from prosecution: Federal Chamber of Tax Advisers warns against its abolition

The BStBK has war­ned against the plan­ned aboli­ti­on of vol­un­t­a­ry dis­clo­sure as a means of avo­i­ding cri­mi­nal lia­bi­li­ty – a move that would have signi­fi­cant con­se­quen­ces for SMEs and pri­va­te individuals. 
Voluntary disclosure leading to immunity from prosecution: Federal Chamber of Tax Advisers warns against its abolition

Voluntary disclosure leading to immunity from prosecution: Federal Chamber of Tax Advisers warns against its abolition

Anyo­ne who has made a mista­ke with the tax office can, under cer­tain con­di­ti­ons, vol­un­t­a­ri­ly report them­sel­ves to the aut­ho­ri­ties in Ger­ma­ny and ther­eby avo­id pro­se­cu­ti­on. This mecha­nism is curr­ent­ly under poli­ti­cal scru­ti­ny. As part of an action plan to com­bat tax and finan­cial crime, the­re are dis­cus­sions about abo­li­shing vol­un­t­a­ry dis­clo­sure with immu­ni­ty from pro­se­cu­ti­on in its cur­rent form. The Fede­ral Cham­ber of Tax Advi­sers (BStBK) has now spo­ken out cle­ar­ly against this pro­po­sal in a state­ment dated 2 Octo­ber 2026.

What is a voluntary disclosure that leads to immunity from prosecution?

Vol­un­t­a­ry dis­clo­sure, which exempts the tax­pay­er from cri­mi­nal lia­bi­li­ty, is gover­ned by the Ger­man Fis­cal Code. It enables tax­pay­ers to cor­rect incor­rect or incom­ple­te tax returns on their own initia­ti­ve, to pay the out­stan­ding tax and, in doing so, to avo­id cri­mi­nal pro­se­cu­ti­on. It is cru­cial that the dis­clo­sure is made in full and vol­un­t­a­ri­ly, befo­re the aut­ho­ri­ties take action of their own accord.

What is the BStBK criticising?

The BStBK empha­si­s­es that both busi­nesses and pri­va­te indi­vi­du­als ope­ra­te in an incre­asing­ly com­plex tax envi­ron­ment. Par­ti­cu­lar­ly for small and medi­um-sized enter­pri­ses, it is vir­tual­ly impos­si­ble to rule out every error or mis­jud­ge­ment from the out­set, despi­te careful inter­nal pro­ce­du­res and effec­ti­ve tax com­pli­ance. Tax law issues are some­ti­mes only reco­g­nis­ed retro­s­pec­tively or chan­ge as a result of new case law.

In the Chamber’s view, the exis­ting regu­la­ti­ons strike an important balan­ce: anyo­ne who rea­li­ses they have made a mista­ke and dis­c­lo­ses it of their own accord should not imme­dia­te­ly face cri­mi­nal pro­cee­dings. This pro­mo­tes tax com­pli­ance and encou­ra­ges vol­un­t­a­ry dis­clo­sure, rather than con­ce­al­ing mistakes.

What does this mean for clients?

For pri­va­te indi­vi­du­als and busi­nesses, vol­un­t­a­ry dis­clo­sure – which leads to immu­ni­ty from pro­se­cu­ti­on – is a signi­fi­cant tool under cri­mi­nal tax law. It offers the oppor­tu­ni­ty to resol­ve a dif­fi­cult situa­ti­on on one’s own initia­ti­ve. Should this mecha­nism be abo­lished or signi­fi­cant­ly rest­ric­ted, even errors made in good faith could result in con­sider­a­b­ly more serious legal con­se­quen­ces than has pre­vious­ly been the case.

  • The vol­un­t­a­ry dis­clo­sure must be com­ple­te and cover all incor­rect information.
  • It must be sub­mit­ted befo­re an exter­nal audit or search begins.
  • The eva­ded tax, inclu­ding inte­rest, must be paid retrospectively.
  • In the case of lar­ger sums of tax eva­ded, a penal­ty surchar­ge is also payable.

The poli­ti­cal pro­cess is not yet com­ple­te. Whe­ther the aboli­ti­on will go ahead, and if so in what form, remains to be seen. For anyo­ne who is unsu­re whe­ther their tax returns need cor­rec­ting, it is worth see­king tax advice at an ear­ly stage. This is becau­se the opti­on to make a vol­un­t­a­ry dis­clo­sure to avo­id pen­al­ties is only available for as long as it is pro­vi­ded for by law.

Source: Hau­fe: Tax

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

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