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Lost storage duty tax documents

October 21, 2009 | 20,00 EUR | answered by Michael Herrmann

Hello,
during the move, two boxes of tax documents from my business that I am required to keep for 10 years were stolen. I have filed a theft report against the unknown perpetrator with the police. Will I get in trouble with the tax office? Do I need to inform the tax office about this now?
Thank you.

Michael Herrmann

Dear questioner,

First of all, thank you for your inquiry, which I would like to answer based on the information provided and in the context of your request for initial consultation. The response is based on the description of the situation. Missing or incorrect information about the actual circumstances can affect the legal outcome.

Every business owner is required to keep business records for a certain period of time. There are deadlines of six and ten years. In tax law, the retention obligations are regulated in the Tax Code (AO), while in commercial law, the Commercial Code (HGB) contains corresponding provisions.

If the retention obligations are not met and the accounting does not comply with sections 140 to 148 of the Tax Code, the tax authority is entitled to estimate the tax base. Furthermore, in case of violation of accounting obligations, depending on the individual case, a significant prison sentence may be imposed for the realization of tax offenses or other criminal offenses. However, since the documents were not intentionally lost, you do not have to fear any criminal consequences.

There is no obligation to inform the tax office. However, in case of a tax audit, there is a risk of profit estimates being imposed on you. You should try to reconstruct receipts as best as possible, especially getting duplicates of bank statements.

I hope that this information has provided you with an initial overview of the situation and remain

Yours sincerely,

Michael Herrmann
Dipl.-Finanzwirt (FH)
Tax consultant