Ask a lawyer on the topic of Tax law

§ 35a Income Tax Act (ESTG)

April 18, 2010 | 30,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla

Dear D&H,

we renovated our apartment in the year 2008.

Today we received the invoice dated 20.11.2008. The tax returns for 2008 and 2009 have been completed.

Can I declare the labor costs included in the invoice with this invoice date in my tax return for 2010, or does the invoice need to be changed to today's date?

Kind regards,
Englert

Dr. Dr. Danjel-Philippe Newerla

Dear inquirer,

Thank you for your inquiry!

I would like to address your question as follows, taking into account the facts you have provided:

In principle, this is not a problem. However, since the date of service (2008) and the date of the invoice (2010) are quite unusual, I would insist on correcting the invoice date to 2010.

Currently, the invoice date is incorrect, as the date of service is in 2008 but the proper invoice date should always be the date of issue, which is 2010 in this case. To avoid any confusion with the tax office, please make sure to change the invoice date.

I would also like to point out the following:

The legal advice I have provided is based solely on the information you have provided. My response is only a preliminary legal assessment of the situation and cannot replace a comprehensive evaluation of the facts. Adding or omitting relevant information can result in a completely different legal assessment.

I hope that my explanations have been helpful. Please feel free to contact me through the follow-up option on this platform or via my email address if you have any further questions.

Wishing you a pleasant Sunday afternoon and a relaxing weekend!

Kind regards,

Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law

Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax: 0471/3088316