Tax Fraud: Voluntary Self-Disclosure

Discreet advice by LHP Tax-Lawyers: Submitting a voluntary self-disclosure to the Tax Authority

A voluntary self-disclosure must hit the target and should not create additional problems. You may trust our experience as tax law specialists and tax advisers. The area of voluntary self-disclosures, for example in cases of foreign accounts and for companies, has developed into an expert’s arena. A quiet and efficient solution can often be found with professional assistance. LHP Tax-Lawyers will assist you in all stages of making a voluntary self-disclosure. Peace of mind is ensured by 20 years of practical experience in dealing with the Tax Authorityand the up-to-date expert knowledge of our tax advisers and tax law specialists.

11 reasons for choosing LHP Tax-Lawyers for your voluntary self-disclosure

Comprehensive assistance (full-service) in all stages of the procedure. We take care of all correspondence with authorities and (foreign) banks on your behalf.
If foreign capital assets are involved (Switzerland, Liechtenstein, Luxembourg, etc.), we ensure the required documentation is procured safely or is assessed in our Zurich office without ever touching German soil prior to submitting the voluntary self-disclosure.
Practical experience from more than 20 years and hundreds of voluntary self-disclosures all over Germany assisted by our tax law specialists and tax advisers.
Long-standing practical experience in dealing with the Tax Authority and Tax Investigation Unit due tofour former Tax Officers working in our law firm.
Trustful advice from the beginning: Each voluntary self-disclosure will be supervised by a coordinator (tax adviser), who is at the same time your permanent point of contact. Our client will already get to know his coordinator in the initial consultation, as well as a permanent deputy (also tax adviser), who will take care of things if the coordinator is unavailable (four-eyes principle). You will always have several competent points of contact for your questions and will be kept up to date about your matter at all times.
Experienced and reliable staff members for the assessment of your banking documentation (tax advisers and former bank employees). Comprehensive experience in assessing and analysing complex banking documentation as well as valuation for taxation purposes of all types of securities (see:interview by our tax adviser Mr Benöhr in FOCUS). We will certainly scrutinise your banking documentation for any representation expenditure (bank fees, transaction costs) and (foreign) taxes to be credited (interest withholding tax, tax at source, input tax, etc.) which may reduce your taxload.
We provide advice in our Cologne (near central station) and Zurich offices (Paradeplatz) as well as Germany-wide. We also frequently accompany our clients in their appointments with foreign banks.
Up-to-date expert knowledge by speaking at seminars and publications in periodicals and commentaries on all new developments pertaining to voluntary self-disclosures.
Awards: Our law firm was awarded “Top-tier law firm for “criminal tax law” and “representation to the Tax Authority” by FOCUS for 2014 and 2015. In addition, the JUVE-commission recommends our firm as one of very few German law firms for the area of “criminal tax law”.
Our tax law specialists have the necessary expert knowledge to deal with special cases: inheritance law, gift law, asset succession, commercial law.
Experienced team for the processing of voluntary self-disclosures, comprising 14 lawyers and tax law specialists, 6 tax advisers (4 of them are former officers of the Tax Authority, one of them a former Division Manager at Tax Investigations) as well as banking, business and tax experts assisting in the analysis and investigative efforts.

Due to ignorance and the urgency in certain situations - if, for example, another CD containing tax evader’ data has surfaced, or a company tax audit has been foreshadowed, a letter is sent to the Tax Authority, notifying them that further information will soon be forthcoming in respect of a particular circumstance, which is only explained briefly. This is inadequate for the purpose of exemption from prosecution by way of a voluntary self-disclosure, as is the use of template forms, and can lead to to the dreaded “shot in one's own foot”. In these cases, you can read on how to rescue such purportedly invalid self-disclosures here. Our law firm has also published information on “rescue missions” for voluntary self-disclosures in the professional literature (Heuel/Beyer, AO-StB 2013, Seite 140).

Facts about voluntary self-disclosures:

In the following, LHP Tax-Lawyers explain the prerequisites for a voluntary self-disclosure which exempts from prosecution, for which types of taxes it is possible and the consequences of making a valid voluntary self-disclosure. You may learn how even an invalid voluntary self-disclosure can still have mitigating effects in sentencing and you may follow the practice-relevant publications by our law firm on the current developments in the area of voluntary self-disclosures.

1. What are the general prerequisites for a voluntary self-disclosure which exempts from prosecution for tax fraud (including “penalty surcharge”)?

In the following, we will provide detailed information on the requirements for a voluntary self-disclosure, as set out in § 371 of the Tax Act (Abgabenordnung, AO). The following conditions must be met in order to be exempt from prosecution by the submission of a voluntary self-disclosure:

The amended declaration of tax bases must be complete. This obligation to completeness refers to the respective type of tax (e.g. income tax, sales tax) and applies for all tax periods which are not time-barred, but at least the preceding ten years. This new minimum period applies to voluntary self-disclosures made after 31.12.2014.
The offence must not have been detected yet, or, if the offence has been detected, this must not have been foreseeable for the affected taxpayer.
An audit notice for a field audit (e.g. company tax audit) must not have been issued for the tax periods which are not time-barred under criminal law . Relief has been provided from 1.1.2015 onwards: An audit notice will only estop a voluntary self-disclosure for the tax periods specified in the notice.
A sales tax review or a payroll tax review must not have commenced. Otherwise, voluntary self-disclosures for sales tax or payroll tax are estopped.
Further, no criminal tax proceedings must have been announced for the tax periods not time-barred under criminal law for the respective type of tax.
The amount of taxes withheld must not exceed EUR 25,000 per offence (while jurisprudence has yet to clarify whether the offence in this sense corresponds to the assessment period). If this threshold has been exceeded, or the case is classified as a particularly serious tax fraud under § 370 Sec 3 lit 2 NO 2-5 AO, a voluntary self-disclosure will only be valid, if an additional payment of a staggered percentile of the taxes withheld is paid, as set out in § 398a AO. The additional payment will however not apply, if the threshold of EUR 25,000 has been exceeded but sales tax advance declarations or payroll tax advance declarations are concerned. This so-called penalty surcharge is staggered from 10% to 20% and must be distinguished from the interest on taxes withheld, which is set at 6% p.a. The affected taxpayer may “ransom” himself from prosecution by paying this penalty surcharge. It then presents an estoppel for criminal prosecution. Our tax-lawyers know from experience, that the penalty surcharge should be seriously considered in cases of gifts, inheritances and sales tax annual declarations. The precise method of calculating the penalty surcharge remains undefined by the legislator and there is also no uniform procedure applied by the investigating authorities. Our tax-lawyers calculate the worst-case-outcome (the most expensive outcome) on a case-by-case basis, thereby enabling our client to know what level of liquidity will be required.
The taxes withheld plus interest on arrears must be paid in due time in order to secure the validity of a voluntary self-disclosure.

2. For which tax offences can a voluntary self-disclosure be made?

3. Contents of a voluntary self-disclosure - Obligation to completeness

Mandatory completeness applies since 28.04.2011. If a voluntary self-disclosure is submitted with the aim of being exempt from prosecution, it must report all tax-relevant, previously undisclosed circumstances concerning one type of tax (tax assessment bases). Beating time therefore becomes impossible. While the Federal High Court allows for an error margin of 5% in the calculation of taxes withheld, this margin does not cover intentional deviations arranged for tactical purposes.

Scope of tax periods to be reported: A minimum period of ten years applies to voluntary self-disclosures from 1.1.2015 onwards.

While the completeness criteria prior to 31.12.204 only required a corrected declaration of all assessment periods not time-barred, tightened rules apply since 1.1.2015: The complete compound period to be reported in a voluntary self-disclosure is now at least ten years, as stipulated in § 371 Sec 1 lit 2 Tax Act (AO). This means, that the scope for correction of declared taxes is at least ten years for a voluntary self-disclosure, even if the oldest years within this period are already time-barred. This may seem contradictory, but it is nevertheless law since 1.1.2015. The exact calculation of the ten year period remains disputed and even the investigative authorities have not yet formed a uniform interpretation. It is currently controversial, if this

refers to the ten most recent taxation periods or whether the period in which the offences over the last ten years have occurred are referred to
and the current year is included.

Note by the tax law specialists from Cologne: The golden rule applies here as well: Forewarned is forearmed: We know from our experience, how the minimum number of years can be applied in a way that provides legal certainty. The most secure way should be carved out on a case-by-case basis. This is best clarified in an initial consultation. We also follow current jurisprudence on the issue of compound periods correction in our published articles in periodicals (compare the advice given in respect of pitfalls in practice by our tax-lawyer Dirk Beyer in the periodical NWB No. 11/2015, page 769).

Relief for voluntary self-disclosures for sales tax advance notifications and payroll tax advance notifications:

The legislator has provided relief for voluntary self-disclosures for sales tax and payroll tax since 1.1.2015 (this does however not apply to annual sales tax returns):

Partial voluntary self-disclosures are valid once more.
A penalty surcharge in the amount of 10 to 20%, as prescribed by § 298 AO, is not applicable if the threshold of EUR 25,000 (in taxes withheld) is exceeded.

Note by the tax-lawyer from Cologne: This significantly simplifies voluntary self-disclosures by companies. The new pitfalls created on 1.1.2015 must however be taken into account. When planning a voluntary self-disclosure and not only sales tax but also income tax is concerned, the new minimum period of ten years must be considered, the calculation of which is disputed (see above).

A voluntary self-disclosure will be valid, if the information disclosed enables the Tax Authority to retroactively assess taxes for the entire type of tax concerned (invalidity of a partial self-disclosure) by way of amended tax assessment notices. This applies to years which are not time-barred under criminal law.

Special note on voluntary self-disclosures in respect of capital income:

The disclosure must contain precise information about the tax assessment bases, e.g. the undeclared interest income or operational income, broken down by assessment periods. It should further be considered in a voluntary self-disclosure, whether private disposals as defined in § 23 EStG have occurred and if the income from several years might have been paid in a lump-sum in one particular year. In the case of investment funds, it must be assessed, if a penalty tax assessment might me applicable, as provided for by the Investment Control Act. Under this special regulation, taxation may be based on a fictional profit (see our note above in respect of the European High Court having set aside part of this regulation). The creativity of the legislator is astounding.

How can a voluntary self-disclosure be submitted if the required documentation is currently unavailable?

Our clients are frequently faced with the question, how they can submit a voluntary self-disclosure as soon as possible, despite not having precise figures available, e.g. due to the information being held by a foreign bank and therefore not being available for immediate procurement. This situation frequently arises when, for example, the client is requested by the Tax Authority to provide information in respect of a particular circumstance and a search of premises cannot be excluded (risk of an offence being detected or another estoppel, see below).

In practice, the two-step-model has proven useful, which is also supported by jurisprudence. This is different to a non-permissible voluntary self-disclosure which consists of a mere announcement as a first step. The permissible two-step model must be distinguished from the non-permissible stepped voluntary self-disclosure. The two-step model already results in a complete voluntary self-disclosure in the first step and can be applied successfully if the necessary expertise is at hand. It requires two steps:

In the first step, the tax bases (e.g. capital gains) are estimated for each assessment period included in the compound period mentioned above (mandatory completeness). This estimation must be performed as realistic as possible, based on the recollection of the client, and our tax-lawyers will add a certain safety margin. The estimate must be at least as high as the subsequently calculated actual figures, which can only be calculated later. The voluntary self-disclosure would otherwise be invalid due to incompleteness. This means, that the first step of a voluntary self-disclosure must already meet all conditions. Note by the tax law specialist from Cologne: Transmission in the first step should always be by fax, because receipt by the Tax Authority can be documented and the cut-off date is set in stone. The client has an irrevocable expectant right for the validity of his voluntary self-disclosure, if the back taxes and interest are paid in due time at a later date. From this time onwards, he may be unconcerned about bringing documentation from a foreign country into Germany for evaluation by his tax-lawyer in preparation of the second step.
In the second step, the actual tax bases will be specified in detail, based on the now available documentation. The actual figures will, for example, be derived from the banking documentation procured in the meanwhile. Note by the tax-lawyer in Cologne: We will ensure that the Tax Authority grants a reasonable time for the provision of the actual figures including supporting documentation. It would be disagreeable, if the Tax Authority were to issue amended tax assessment notices based on the usually greatly inflated figures from the first step. Should this happen, it is recommended to lodge an appeal against the amended tax assessment notices and communicate the efforts being made to procure the documentation (e.g. copy of a letter to the foreign bank). We will certainly take care of this for you and it is part and parcel of the professional handling of voluntary self-disclosures.

Should all tax periods already be reported in the (estimated) voluntary self-disclosure?

All years which form part of the compound period mentioned above, that is at least the last ten years, must be reported in a voluntary self-disclosure due to the mandatory completeness. The exact scope of the compound period can only be established in a consultation. Prior to the new regulation on voluntary self-disclosures becoming law on 1.1.2015, the question was, whether all other years which are not time-barred under tax law must also be reported. This is, because completeness used to only include those years, which were not yet time-barred, and not, as is the case since 1.1.2015, always the last ten years. Note: We would like to refer the reader to the external links in respect of the different statutes of limitations applying to tax law on the one hand and criminal tax law on the other hand. Under current law since 1.1.2015, it is still possible, that years which do not form part of the compound period are not time-barred under criminal law. This can only be clarified in an individual consultation.

The motives for only reporting the years within the compound periods (at least the last ten years) are manifold. It must however be considered, that the Tax Authority will usually issue amended tax assessment notices for older years, as far as they are not time-barred. In the worst case, the Tax Authority will make arbitrary assessments, which will be based on the years for which information has been reported. Note: This schematic transfer of figures from earlier years is not permissible in all cases. As far as capital income is concerned, the development of interest rates must also be considered.

4. What formalities must be observed when making a voluntary self-disclosure?

A voluntary self-disclosure must be signed by the taxpayer or his authorised tax-lawyer/ tax adviser.

No further formal requirements are prescribed for voluntary self-disclosures. They may be submitted in writing, orally, over the phone or placed on record with the Tax Authority. The written form is recommended for the sake of clarity and to establish evidence. Orally made statements, e.g. in a discussion with a case manager, cannot guarantee completeness due to the inherent risk of inaccuracies in oral conversation.Note: An oral statement made to the Tax Authority may however be a last lifeline in certain cases. This is however a different (defence) situation: The damage has already been done, which means that a voluntary self-disclosure is no longer possible and the taxpayer faces the question, whether earlier statements made can be construed to constitute a voluntary self-disclosure. Our tax law specialists assist our clients even in these difficult situations.

Some clients feel an urge to explain their motives for having evaded taxes to the Tax Authority. These kind of deliberations are completely out of place. They are not necessary for the voluntary self-disclosure to be valid and they carry the risk of the Tax Authority drilling further into the question, whether this is in fact a voluntary self-disclosure or rather a mere amended tax declaration. A “lean” voluntary self-disclosure will have a greater chance of being processed without raising any red flags. It must also be pointed out, that the Tax Authority’s internal procedures require voluntary self-disclosures to be forwarded to the Office for Fines and Criminal Matters (Straf- und Bußgeldsachenstelle).

It is therefore recommended, to draft the voluntary self-disclosure in the same way as an amended tax return (while observing the qualitative requirements applicable to voluntary self-disclosures). Our tax-lawyers draft the respective documents with the necessary practical experience and without unnecessarily stirring up things.

5. Where must a voluntary self-disclosure be submitted?

6. What are the possible estoppels? (Reasons barring a voluntary self-disclosure)

The option of making a voluntary self-disclosure which exempts from prosecution is excluded in some cases. Exemption from prosecution will therefore not be achieved. There are a number of circumstances giving rise to an estoppel. An estoppel is present, if one of the following circumstances have occurred:

the offender, his representative or a beneficiary have been served an audit notice in accordance with § 196 Tax Code (Abgabenordnung), or
the offender or his representative have been notified of criminal proceedings being commenced, or
a tax officer has appeared on site for the purpose of conducting a tax audit (the estoppel is limited to the factual and temporal scope of the field audit in this case), or
a tax officer has appeared on site and has identified himself for the purpose of conducting a sales tax review under § 27b Sales Tax Code or a payroll tax review under § 42g Income Tax Code or a review under another regulation, or
one of the tax offences had already been (partly) discovered at the time of submitting an amended, corrected or resubmitted tax return and the offender was aware of this or should have been aware if he had acted reasonably (detection of an offence).

Note by the tax-lawyer from Cologne: Based on the so-called “infection theory”, it is already detrimental, if one of the mentioned estoppels arises for one single assessment period which is not time-barred under criminal law. This leads to an estoppel for all years of the respective type of tax, which means that a voluntary self-disclosure is precluded for this type of tax. Relief has however been provided for audit notices from 1.1.2015 (no infection): An estoppel raised upon receipt of an audit notice no longer estopps all years, but only those specified in the audit notice. This presents an opportunity to make a valid partial voluntary self-disclosure while a company tax audit is being conducted. This must however be assessed on a case-by-case basis, because no other estoppels must be present.

Estoppel for a voluntary self-disclosure upon discovery of an offence (Tax-evaders-CD, international reporting)

Note: Tax investigation offices currently claim, that voluntary self-disclosures are estopped for all individuals identified as account holders on one of the so-called “tax-evader-CD’s”. This is inaccurate in our opinion, however jurisprudence is yet to rule on this issue. The discovery of an offence presupposes an objective and a subjective component. In our opinion, the objective component is only established, if the Tax Authority has matched the information contained on a Tax-evader-CD with the individual tax files of the affected taxpayer and has detected deviations. The subjective component additionally requires, that the affected taxpayer should have been aware of the discovery of his offence. A mere report in the media concerning a Tax-evader-CD does not satisfy this criteria. This is, because banks have tens of thousands of clients, and 2,000 clients contained on a tax-CD does not mean there is a high probability of the offence being detected.

The discovery of an offence may also be estopped by investigations of German Tax Authorities in a foreign country. These are questions to be discussed on a case-by-case basis. The legal bases for the reporting of information between Germany and countries like Switzerland, Luxembourg, Austria and Liechtenstein as well as Singapore, Hong Kong, Panama and Caribbean tax havens like Cayman Islands or British Virgin Islands have become more sophisticated and are continuously being expanded (see our page OECD-standard for the automatic exchange of information on financial accounts (AEOI). The authorities granted in respect of group enquiries in a foreign country are also being expanded.

7. Voluntary self-disclosure: Payment of back taxes and interest in due time

8. Unfortunately inevitable: A letter from the Office of Fines and Criminal Matters

9. Voluntary self-disclosure for negligent tax evasion

If a tax evasion is committed by grossly negligent conduct, this is called a misdemeanour tax evasion as set out in § 378 Tax Code (AO). This is not an offence but only a misdemeanour. The legislator has provided for eased conditions in respect of such a voluntary self-disclosure that will exempt from a fine. The benefits are:

In the case of a negligent tax evasion, a partial voluntary self-disclosure will be effective, as used to be the case.
There is only one possible estoppel: A voluntary self-disclosure for tax evasion by negligence is estopped by the announcement of criminal proceedings being commenced.
There is also no interest on arrears payable and the 5% surcharge as set out in § 398a AO is waived.

Note by the tax lawyer: It might therefore be helpful to submit a voluntary self-disclosure during a company tax audit, if the offence can be interpreted as a negligent tax evasion. A fine might possibly be avoided this way. If a voluntary self-disclosure is not an option, because it is precluded by an estoppel, it should always be examined whether there is an opportunity to submit a voluntary self-disclosure for negligent tax evasion. This might be the silver bullet, if the circumstances allow for classification as a negligent tax evasion. This reasoning frequently requires significant substantiation, because a distinction between intentional conduct and grossly negligent conduct has not been assessed in a uniform way by jurisprudence, and the authorities often suggest wilful intent. This means, that this option frequently only becomes available in hindsight, if the validity of a voluntary self-disclosure is disputed. Our law firm has commented on this situation in the professional literature (article: Rescuing failed voluntary self-disclosures, Ingo Heuel, tax-lawyer and tax adviser, and Dirk Beyer, tax-lawyer, AO-StB 2013, page 140).

If it is not clear, whether wilful intent might be the case (e.g. conditional intent), a voluntary self-disclosure should only be submitted after obtaining comprehensive advice.

10. Consequences of a voluntary self-disclosure

11. Does the more beneficial law apply to voluntary self-disclosures?

The new regulations apply to all voluntary self-disclosures submitted after 31.12.2014. Voluntary self-disclosures submitted prior to 1.1.2015 are protected by grandfathering. A voluntary self-disclosure valid under the old law can certainly not be rendered invalid by the tightened new regulations.

The new regulations not only tighten the conditions, but also provide for relief, e.g. in respect of advance-declarations for sales tax and payroll tax (see point 3). Audit notices only estop voluntary self-disclosures for the tax periods and tax types specified in the audit notice. The following question has yet to be clarified by jurisprudence: Can a client benefit of the new regulations, if his voluntary self-disclosure was submitted before 1.1.2015, but the validity of the same will not be assessed until after 31.12.2014 ? The question is: Which version of the law will yield a “cheaper” result. The legislator has left this question unanswered.

Example: U has submitted a voluntary self-disclosure in respect of his income tax for 2008 to 2012 on 20.12.2014. He was notified of a tax audit on 15.12.2014 for 2010 to 2012 in respect of income taxes. Under the old law prior to 1.1.2015, a voluntary self-disclosure was estopped by the audit notice for all years of income tax (so-called infection theory). The public prosecutor’s office assesses the voluntary self-disclosure in March 2015. Does the authority have to consider the fact, that the regulations have provided relief from 1.1.2015 onwards and the estoppel now only applies to the years specified in the audit notice (§ 371 Sec 2 lit 1 No 1a and lit 2 AO) ? This would mean that the audit notice is not an estoppel for the years 2008 and 2009.

Solution: In our opinion, there are solid grounds for the new, less stringent regulation to apply in U’s case. The coalition government (CDU/CSU/SPD) also assumes, that the respective more beneficial regulation applies for the assessment of a voluntary self-disclosure submitted prior to 1.1.2015 taking place after 31.12.2014 (as stated in a report by the fiscal committee dated 3.12.2014, Bundestag-printed matter 18/3439; and also stated in the directive by the Minister of Finances for Northrhine-Westphalia on 9.2.2015). The interpretation of the law by the Finance Minister of NRW is however not legally binding for the justice authorities, being the public prosecutor’s office and the criminal courts, and it is irrelevant in other federal states. Jurisprudence in this respect remains to be seen. We certainly defend our clients in these matters.

12. Safety net for invalid voluntary self-disclosures: Termination of criminal proceedings under § 153a Criminal Code (Strafprozessordnung, StPO)

13. Current publications by our law firm on the topic of voluntary self-disclosures

Important notes for voluntary self-disclosures for assets in a foreign country:

The majority of clients with assets in a foreign country have foreign investment funds in their investment portfolio, frequently without being aware. Even experienced tax advisers are usually unfamiliar with the applicable taxation of these investment funds under German law. The legal classification of the respective investment fund company in so-called white, grey or black investment funds or in transparent, partly-transparent or non-transparent investment funds under the Foreign Investment Act or the Investment Taxation act is problematic. The introduction of the half-income system and the discussions in constitutional law and European law in respect of penalty taxes for foreign investment funds has added further uncertainty. A voluntary self-disclosure submitted in ignorance of these issues will usually be incomplete, which will in turn render it invalid, if detected by the Tax Authority. In addition to the necessary expert knowledge, professional databases must be used (which attract a fee) for the correct assessment of capital gains.

In the case of so-called non-transparent investment funds, which means investment funds that have not complied with the German reporting duties, a flat-rate tax will be applied (penalty tax): Under the statutory provisions of § 6 Investment Taxation Act (Investmentsteuergesetz, InvStG) the assessment base for taxation purposes is 70% of the price gain achieved between the first and the last published redemption value of a year, rather than the actually received profits; it must not be less than 6% of the last redemption price assessed for the calendar year (so-called non-transparent investment funds). This statutory regulation has however been assessed as being unlawful by the European Court of Justice, because it excludes verification of the actual profits (which are frequently much lower). We will make sure, that verifiable, lower estimated amounts will form the assessment bases for a voluntary self-disclosure, in order to protect our clients from claims which are unlawful under European law.

New regulation on voluntary self-disclosures from 1.1.2015: Practical experience makes a difference!

We have already discussed the new regulation pertaining to voluntary self-disclosures from 1.1.2015. Based on our practical experience and extensive publications in periodicals and for publishing houses, we know the importance of utilizing the particularities of the new regulation becoming law on 1.1.2015 for the benefit of our clients. The preceding modification of the law in May 2011 already resulted in further pitfalls for voluntary self-disclosures. The area of voluntary self-disclosures became an expert’s field and we strongly recommend to obtain sound advice before submitting a voluntary self-disclosure, regardless of the costs entailed. The new regulation on 1.1.2015 resulted in further tightening of the conditions for voluntary self-disclosures, but also provided for some relief, in particular for business owners.

The information provided on this page and on this website aims at providing an initial overview. It is certainly not possible to go into more details within the limited scope of a website, and individual cases must be discussed in a consultation with our experienced tax-lawyers and tax advisers. We have explained some important terms which are frequently misrepresented in the media. These include the mandatory completeness of a voluntary self-disclosure as well as possible estoppels (such as the discovery of an offence or the receipt of an audit notice).

Despite all criticism directed at the new regulations for voluntary self-disclosures: The increasingly complex area of voluntary self-disclosures can be professionally managed by an experienced adviser. Regardless of what the media reports: Voluntary self-disclosures remain a possible option! Exceptional cases (such as the discovery of a tax fraud) must be discussed on a case-by-case basis. LHP Tax-Lawyers offer comprehensive services for voluntary self-disclosures.