The Hessian Tax Authority is purchasing the so-called „Pandora Papers“
The Hessian Tax Authority is purchasing the „Pandora Papers“
The purchase of the so-called. Pandora Papers has recently been finalised by the Hessian tax authorities.
The data, which was leaked to a select group of journalists back in 2021, is currently being analysed. It comprises over 10 million documents, which have already yielded „initial indications of cases warranting investigation“.
The Hessian Minister for Finance points out that, from now on, the data will be available to the federal government, other federal states and investigators from other European countries.
In the event of tax evasion, a Voluntary disclosure would result in immunity from prosecution. The consequence would simply be the payment of the evaded tax, plus interest. However, such a voluntary disclosure is only possible if the offence has not yet been discovered.
According to the case law of the highest courts, an offence is deemed to have been discovered as soon as, based on general criminal investigation experience, a tax offence or administrative offence is reasonably suspected. The suspensive effect of the discovery of the offence is triggered even if a tax offence has only been „partially“ discovered. Furthermore, it is necessary that the person concerned should at least have to expect the offence to be discovered, which may well be the case in light of the latest reports on the matter.
The mere fact that the authorities discover the data records in the documents could therefore rule out voluntary disclosure and thus prevent those affected from returning to tax compliance. However, this would need to be examined on a case-by-case basis.
If you are unsure whether you have declared your income correctly for tax purposes, or if you are concerned that criminal proceedings might be brought against you, you can Advice from our specialist solicitors and tax advisers I’d be happy to make use of it.