The tax year is the calendar year.
Resident husbands and wives file joint returns unless they are legally separated or one spouse requests otherwise. Annual returns must be filed by 31 May of the year following the tax year, after which the tax office then issues a final assessment notice. The filing deadline expires on 31 December if the income tax return is prepared by a certified tax advisor.
There is no self-assessment. A non-resident taxpayer will have to file a return and receive an assessment only if the German income is not subject to WHT. Where income is subject to WHT, the income tax liability is normally settled through the withholding system and no returns or assessments are required.
Payment of tax
In general, taxes are payable within one month of the date that the final assessment is issued. Tax on wages and salaries is withheld at source with the amounts withheld used as payment toward the final income tax liability. The amounts withheld are treated as a payment on account of the final income tax liability. If taxpayers have additional non-employment income, they will usually be asked to make quarterly instalments. Assessed quarterly instalments are due on 10 March, 10 June, 10 September, and 10 December.
A self-employed person must prepay income tax that will be offset on filing an annual return. The advance payment is determined on the basis of the return made for the previous year. In the event of a new business, the advance will be calculated on the basis of estimates made by the owner of the business. The advance payment is made on the dates mentioned above.
Tax audit process
The supreme tax authority in Germany is the Federal Ministry of Finance (Bundesministerium der Finanzen), whereas the taxpayer usually deals with the local tax offices. Employees are usually not audited as the annual income tax return is already subject to review. However, employees with income exceeding EUR 500,000 per annum might be subject to regular audits.
Statute of limitations
The statute of limitation for income tax returns usually amounts to four years. An extension up to five years is possible in cases of tax evasion or up to ten years in cases of tax fraud. Further prescriptions have to be considered regarding the start date and suspension of the statute of limitation.
Topics of focus for tax authorities
Tax authorities in the meanwhile focus on international mobile employees and assignees. Beginning with the 2011 filing season, a new application within the annual income tax return has to be filed to provide the tax office with more detailed information about the assignment.