Voluntary Disclosure of Tax Evasion and Tax Declaration Amendments
A Work of Art – Just for You!
When making a voluntary disclosure of tax evasion there is one try only. You better make it work.
During the past 10 years the possibility to file a voluntary disclosure of tax evasion exempting the evader from punishment (strafbefreiende Selbstanzeige) according to sec. 371 of the Tax Code has been increasingly restricted in a number of times. Due to the blocking out and payment sanctions according to sec. 398a Tax Code, the difference between a mere amendment according to sec. 153 Tax Code is becoming increasingly important.
In former times, the amendment of a tax declaration was achieved by informing the tax office about the relevant facts in a non-formal manner, which was regularly accepted as a voluntary disclosure of tax evasion exempting the evader from punishment (strafbefreiende Selbstanzeige) according to sec. 371 Tax Code. Caused by the Swiss-Investor-Cases, the lawmaker has continuously restricted the rules on voluntary disclosure so that today every voluntary disclosure will need to be a “minor work of art”. Specifically because of this restricted applicability, predominantly with regard to companies, the difference to a mere declaration of amendment (Berichtigungserklärung) according to sec. 153 Tax Code is of fundamental importance. The lawmaker has implemented a legal jungle – we will guide you through safely.