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Properly combining customs and VAT processes is crucial to international businesses. Well aligned processes are essential for correctly handling customs and VAT in the international movement of goods, ensuring efficiency and preventing errors. Errors at this interface often go unnoticed for a long time – but lead to significant financial risks and non-compliance. Unclear responsibilities and flawed process flows have a direct impact, particularly in cross-border trade. The following article highlights typical interfaces and areas of risk and explains why consistently aligning customs and VAT is becoming increasingly important.

As a rule, licensing and use of rights agreements abroad trigger withholding tax liability – and it’s right here that considerable risks arise in practice. This is how tax deduction in accordance with section 50a of the Income Tax Act [Einkommensteuergesetz–EStG] is often overlooked or misapplied and inadequately formulated in the underlying contracts – with consequences of liability to match for the licensee in Germany. A Withholding Tax Health Check helps, firstly, to identify these kinds of issues, to check processes and responsibilities and to close the interface between the specialist departments and the tax department – before a tax audit does.

A Payroll Health Check is a systematic review and assessment of your company’s payroll accounting. The goal is to identify risks, correct errors and set up payroll to be fit for the future. We take an allround approach with the motto “prevention, not reaction”. We place our main focus on practically carrying out your internal policies and remuneration models in operational payroll. The result is a risk assessment that includes recommendations for action and, if needed, support for your payroll department with making corrected returns and a review of historical payroll periods.

A declaration procedure is to be added to the conditions VAT groups must satisfy in future. In the draft bill for an Annual Tax Act dated 19 May 2026, the current rules on VAT groups (section 2(2) no. 2 VAT Act) were rescinded and replaced by new rules in draft section 2c. The familiar conditions for inclusion – financial, economic and organisational inclusion – and the legal consequences of VAT grouping basically remain the same. What is new is that from 1 January 2029 a VAT group will only take effect when the controlling company explicitly submits a declaration to the tax office. It will also be possible to include partnerships as controlled companies in future if they satisfy the conditions for inclusion.

In practice, cross-border business activities between Germany and Switzerland involve numerous tax and customs issues. Errors often arise not because of a lack of specialist knowledge, but due to the complex interfaces between different types of taxes, processes and organisational units. A structured VAT and customs health check creates transparency, identifies risks early and points out specific potential for optimisation – before any issues arise with tax or customs authorities.

The planned restriction of immunity from prosecution through voluntary disclosure under section 371 of the German Fiscal Code (Abgabenordnung – AO) marks a fundamental shift in tax criminal law. Not only private individuals, but businesses as well, may lose a key instrument for addressing tax risks through full disclosure. In future, depending on the amount of tax evaded, voluntary disclosure would no longer lead to immunity from prosecution, but would merely have a mitigating effect on sentencing. This reform would significantly increase the pressure on businesses and reinforce the need for early, reliable risk identification, as well as a realignment of tax and defence strategies.

Digital business models and IT-enabled processes play a key role today in being successful in business. And the regulatory requirements are constantly increasing at the same time – particularly in data protection law, cyber security and in the use of artificial intelligence (AI).

On paper, tax processes often appear clearly structured and well documented. However, operational reality frequently reveals a different picture: divergences in data flows, system logic, and interfaces are common in complex system landscapes.

The Federal Ministry of Finance has published the draft of the new Tax Audit Regulations. These are to replace the current tax audit regulations and place a stronger focus on risk-based audits, faster proceedings and more duties on companies to cooperate.

Businesses may face serious risks in criminal tax law after the Federal Court of Justice (BGH) ruled on 10 December 2025 (1 StR 387/25) to change its previous case law. Incorrect preliminary VAT returns and a related incorrect annual return no longer count as a single offence. Instead, the offences stand next to each other and are to be evaluated under criminal law separately. This results in a considerable tightening of the legal consequences to taxpayers and all those involved in the preparation and submission of preliminary VAT returns and annual returns.

Employment and social security law risks often arise not from isolated errors, but from unclear responsibilities, evolved processes and a lack of coordination between HR, payroll, specialist departments and external service providers. The consequences range from significant back payments to personal liability risks for managing directors and other responsible corporate bodies.

Part 2 of our four-part Health Check series: A Wage Tax Health Check helps companies identify typical tax risks at an early stage and review internal processes. Errors frequently arise in areas such as entertainment expenses, company events, gifts, or the private use of company cars and e-bikes – often due to unclear responsibilities or missing data flows between departments. A structured Health Check creates transparency, identifies optimization potential and better prepares companies for wage tax audits.

International trade flows are becoming increasingly complex due to new regulations such as CBAM, preferential trade agreements and additional compliance requirements. The Customs Health Check creates transparency, identifies risks at an early stage and lays the foundation for secure and controllable customs-related processes.

Part 1 of our four-part Health Check series: Why a (VAT) Health Check can deliver value for your organization and why it should include interface issues with other tax types (combined Health Check).

In a circular dated December 29, 2025, the Federal Ministry of Finance announced changes to fields in, among other things, the • 2026 advance VAT return • 2026 yearly VAT return • special advance payment of VAT for 2026 • income tax return 2025.

From 1 January 2026 the reduced rate of 7 percent applies again to food, while beverages continue to be taxed at 19 percent. This change not only affects restaurants, but also canteens, food-trucks and event catering. For businesses this means that prices, cash register systems and processes have to be updated on time. The risks of errors and liability are particularly high at the turn of the year and in handling vouchers.