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What happens if you miss your tax return deadline in Germany?

The deadline for freelancers and some employees in Germany to submit their tax return fell on Monday. But what happens if you missed this deadline, or any others?

A German tax declaration form with the box indicating income tax return ticked.
A German tax declaration form with the box indicating income tax return ticked. Photo: picture alliance / Hans-Jürgen Wiedl/dpa-Zentralbild/dpa | Hans-Jürgen Wiedl

Germans are known for being punctual, and one of the places punctuality is taken most seriously is the Finanzamt (tax office). But what if you procrastinate – or inadvertently overlook a filing deadline – and submit your Steuererklärung (tax return) a bit too late? The consequences can vary quite a bit.

Do I even need to file a German tax return? 

If you’re an employee in Germany with no additional sources of income, you’re not required to file taxes. But about 50 percent of employees do anyways, given that there’s a slew of deductions you can make on everything from printing costs to commuting expenses. 

That said, if you’re submitting voluntarily, you do have a little bit more leeway. You can hand over your return up to four years after the relevant tax year to still receive tax rebates – so for 2022, that would be December 31st, 2026. 

However, if you have any extra sources of income, are self-employed, or have multiple jobs, you’re obligated to file by the Steuerfrist, or deadline. 

READ ALSO: New deadlines and deductions: How to file taxes in Germany in 2023

When are the deadlines?

Anyone filing taxes through a Steuerberater (tax advisor) or tax association has longer to file their taxes. 

For the tax year 2022, those filing on their own had until October 2nd, 2023 to file their taxes, whereas those with a tax advisor have until July 31st, 2024.

Germany recently set new deadlines, both for self-filers and those who file with tax advisors, through the year 2027. 

READ ALSO: What you need to know about Germany’s extended tax filing deadlines

Can the deadline be extended?

If you can foresee that you will not be able to meet the deadline, you should request an extension from your responsible tax office, if possible in writing and with justification, before the deadline expires. An understandable valid reason would be, for example, an accident with hospital treatment, the death of a close relative, a longer stay abroad, missing documents or a move.

If you have usually been on time in the past, then you have a good chance of receiving an extension of up to four months. If you apply for only one additional month, you increase your chances that the tax office will be merciful.

In your letter to the tax office, you can write something along the lines of: “Falls ich von Ihnen nichts Gegenteiliges höre, gehe ich von der Genehmigung meines Antrags auf Fristverlängerung aus.“ (“Unless I hear from you to the contrary, I assume that my request for an extension of the deadline will be approved.”)

If you have given a new deadline and the tax office does not respond, you can assume that they will grant your request. 

However, there is no right to an extension of the deadline. If someone has already been late several times, experience shows that the tax office tends to reject the application.

What happens if I miss a deadline?

Simply letting the deadline pass and hoping that the tax office will forget you is not recommended. Still, the Finanzamt is usually fairly lenient at first, and sends a letter reminding you to submit your tax return. 

ELSTER is the online portal for submitting tax returns in Germany. Photo: picture alliance/dpa/dpa-tmn | Christin Klose

But be warned: if there is a written Aufforderung zur Abgabe der Steu­er­er­klä­rung unter Androhung eines Zwangsgeldes (“request to submit the tax return under threat of a penalty payment”), things can quickly get serious.

READ ALSO: Reader question: How can I find a German tax advisor?

The tax office can already set a late payment surcharge (Verspätungszuschlag) that you have to pay in addition to your tax liability – and give you a new deadline. You can avoid at least one additional penalty, Zwangsgeld (fine), by filing a tax return before the new deadline expires. 

If you also let this deadline pass, the tax office will inform you of the penalty payment in a notice. If this is the first time you haven’t submitted a tax return, the fine could be around €25 per month or anywhere between €100 and €500. However, fines of up to €25,000 are possible. 

The amount of the fine depends on various factors. Your financial situation plays a role, but also how cooperative you have been towards the authorities so far, or whether you have previously submitted your tax return. 

Estimation as a last resort

If you still don’t file a tax return, the tax office will estimate your taxable income. While this estimate is usually to your disadvantage, you are still obliged to pay. You have one month after the appraisal notice (Schätzungsbescheid) to appeal. After that it becomes final. 

READ ALSO: Reader question: How can I find a German tax advisor?

If you pay your taxes too late, the tax office can also demand a late payment surcharge (Säumniszuschlag). Interest may also accrue on tax arrears (Steuernachzahlungen). This normally begins after a waiting period of 15 months after the end of the calendar year in which the tax arose. 

The statutory interest (gesetzlichen Zinsen) is 0.15 percent for each month, i.e. 1.8 percent for one year. For many years, the interest rate was even six percent per year, but this was lowered in a decision from the Federal Constitutional Court of 2021. 

Taxpayers in arrears can face significant sums in addition to the tax arrears, none of which is deductible from future income tax.

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GERMAN CITIZENSHIP

How much do you need to earn to qualify for citizenship in Germany?

Applicants for German citizenship need to be able to support themselves financially, but it's often unclear what that means in practice. Here's how to work out if your income is high enough for citizenship.

How much do you need to earn to qualify for citizenship in Germany?

Out of the requirements for qualifying for a German passport, supporting yourself financially is one of the most important – and one of the most confusing.

Many foreigners assume that the authorities have a magic number in mind and will often worry about whether their income is above or below this threshold.

In reality, though, the law is much more flexible. In section 10 of the nationality law, it states that applicants must show that they “can support themselves and their dependent family members without claiming benefits under the Second or Twelfth Book of the Social Code.”

In other words, that your income is healthy enough to not rely on the state for things like long-term unemployment benefits.

According to Fabian Graske, an immigration lawyer at Migrando, around €1,500 gross per month for a single person is usually considered enough to live on. 

That said, there isn’t really a one-size-fits-all approach to this quesiton. 

When it comes to working out if your income is high enough, you’ll need to take into account a number of factors that your case worker at the naturalisation office will also weigh up. 

That’s why it’s important to ask yourself a number of questions that go beyond just how much you earn: 

How high are your living costs? 

In Germany, there are huge regional differences in the cost of living, so what someone can afford to live on varies hugely from place to place.

For example, someone living in pricey Munich is likely to need much more money for rent or their mortgage than a resident of much more affordable places like Halle or Leipzig, so you should consider whether what you earn is enough to offer a basic standard of living in the city or town you live in. 

READ ALSO: Requirements, costs and permits – 6 essential articles for German citizenship

It is worth mentioning, though, that what you actually pay for rent and bills matters more than the averages. If you’re lucky enough to find an apartment with unusually low rent in Berlin, for instance, you can probably get away with earning less money as well. 

Are you single or do you have a family?

If you’re single and have no children, you’ll likely get a lot more lenience from the authorities when it comes to having a lower-than-average income.

A family sit at a lake.

A family sit at a lake in Bavaria. Image by Eva Mospanova from Pixabay

Of course, if you have dependents such as kids or a spouse who doesn’t work (or both), you’ll need to ensure not only that your own living costs are taken care of, but also that your family can survive on your income alone.

That naturally means you’ll be expected to earn a certain amount more for each dependent child or adult.

On the plus side, any income your spouse does earn will be counted alongside your own, so if you’re the one who is supported by their partner, the authorities will also take this into account. 

Is your job stable or unstable?

One key thing to think about when applying for citizenship is the security of your work contract. Someone who has a long-term contract with an employer and has passed their probationary period will be in a much better position than someone who is still on a three-month trial, for example.

This doesn’t mean you shouldn’t submit a citizenship application after just starting a new job, but be aware that the authorities may well wait to process your application until you’ve passed the initial probation and have been put onto a longer-term contract. 

A similar rule of thumb applies to people who are currently claiming Arbeitslosengeld I (ALG I), or unemployment insurance. Though this doesn’t disqualify you from citizenship, it may delay your application until you can find a stable job. 

READ ALSO: Can I still get German citizenship after claiming benefits?

Do you need to rely on welfare payments to get by?

A key aspect of German naturalisation law is working out whether you’re likely to be a financial burden on the state by relying too much on the welfare system.

The entrance to the Jobcenter in Düsseldorf,

The entrance to the Jobcenter in Düsseldorf, North Rhine-Westphalia. Photo: picture alliance/dpa | Oliver Berg

While everyone needs a helping hand from time to time, claiming benefits like long-term unemployment benefit (Bürgergeld) or housing benefit (Wohngeld) to top up your income sadly shuts you out of the naturalisation process and could also make it hard for you to qualify in the future. 

Luckily, this doesn’t apply to all types of state support – Kindergeld, ALG I and Bafög don’t count, for example – so seek advice from a lawyer or your local citizenship office if you’re unsure.

How old are you?

Though this is hard to fully quantify, age can sometimes play a role in assessments of your financial fitness in Germany.

A young person fresh out of university or vocational college may be seen as someone with high earning potential over the years, so in some cases the authorities may take a more relaxed approach to their current income.

In contrast, an older person coming to the end of their working life could be held to slightly stricter standards. 

This is also why it can be important to show that you have sufficient pension contributions or another form of security for the future, such as owning your own home or having lots of savings. 

READ ALSO: How can over 60s get German citizenship under the new nationality law?

What counts as ‘income’ under German law?

It’s important to note that income doesn’t just have to mean the salary you get at your job: income from rental properties, side hustles and freelance gigs can also be included, as well as things like alimony payments after divorce.

Once again, if you’re unsure, just ask. The citizenship offices are there to advise you and should give you clear instructions about what kind of documents count as proof of income in your application. 

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