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(2022) What is the "Anlage EÜR"?

Dieser Text bezieht sich auf die Steuererklärung 2022. Die aktuelle Version für die Steuererklärung 2024 finden Sie unter:
(2024): Was ist die "Anlage EÜR"?

Since 2005, the net income method has been standardised (§ 60 para. 4 and § 84 para. 3c EStDV). This means: those using the net income method must complete the official form "Appendix EÜR" and attach it to their tax return.

Small business owners whose business income (turnover, not profit!) is less than 17,500 Euro gross were not required to fill in the tax form "Appendix EÜR" until 2016. They could calculate their profit informally by comparing business income and expenses and attach this record to the tax return (BMF letter of 10.2.2005, BStBl. 2005 I p. 320). However, this simplification rule has been abolished from the 2017 tax year. Now, all taxpayers who determine their profit using the net income method are generally required to submit their income tax return and the standardised "Appendix EÜR" electronically to the tax authorities.

The previous legal hardship regulation remains in place: To avoid "unreasonable hardship", the tax office may allow the tax return to be submitted to the tax office using the official paper form (§ 25 para. 4 sentence 2 EStG; § 13a para. 3 EStG; § 18 para. 3 sentence 3 UStG; § 14a sentence 2 GewStG). In addition to the individual legal regulations, the Fiscal Code contains a general hardship regulation (§ 150 para. 8 AO): The tax office can waive electronic data submission if it is economically or personally unreasonable for the taxpayer.

This is particularly the case if the taxpayer does not have the necessary technical equipment and creating the technical means for remote data transmission of the officially required data set would only be possible with significant financial effort, or if the taxpayer is not or only partially able to use the remote data transmission options due to their individual knowledge and skills. However, tax offices are increasingly handling this more restrictively!

Note: If you do not fulfil your obligation to submit the "Appendix EÜR", the tax office may threaten and impose a penalty (§ 328 AO). However, the tax office may not charge a late fee because the "Appendix EÜR" is not part of the tax return (OFD Rheinland of 21.2.2006, S 2500-1000-St 1).

The "Appendix EÜR" requires numerous detailed entries on income and expenses in a strictly formal manner. Completing the now four pages with over 100 lines requires a lot of additional work and knowledge - and often further costs for professional advice and support.

It is advisable to align the net income method with the structure of the "Appendix EÜR" to make the year-end closing easier. You should organise your income and expenses according to the criteria of the form, as this will make it easier to match them to the queries in the form.

 

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