Germany
Schätzung nach § 162 AO — estimation under section 162 of the Fiscal Code
Findings at a glance
- Traceability of the calculation
- Completeness of the data basis
- Business-specific benchmark
- Requirements for counter-evidence
- Burden of proof and its reversal
- Official benchmark tables
- Data access and format
- Intensity of judicial review
5× exceeded · 3× met
Traceability of the calculationexceeded
The estimate must be coherent, economically possible and reasonable; the method of calculation must be disclosed.
Citation§ 162 AO · BFH v. 25.03.2015 – X R 20/13 (Zeitreihenvergleich)
What we provideEvery figure is traceable down to the individual document. The chain of calculation can be walked in both directions — from the result to the document and back.
Completeness of the data basisexceeded
The tax authority may rely on samples and partial periods.
Citation§ 162 Abs. 1 AO
What we provideA full census across all accounts, suppliers and product groups. No sampling is used; 100 per cent is the upper limit and cannot be exceeded by any method.
Requirements for counter-evidenceexceeded
The taxpayer may rebut the estimate by presenting their own coherent calculation.
Citation§ 162 AO i. V. m. § 96 FGO
What we provideA closed system: purchasing, production, masses, unit counts, sales channel and revenue support one another. A single incorrect figure shows up against the others.
Further information — 5 axes
Business-specific benchmarkexceeded
An external comparison against the official margin tables is permitted; an internal comparison within the business takes precedence.
CitationBMF-Richtsatzsammlung (jährlich) · BFH v. 20.03.2017 – X R 11/16
What we provideThe calculation rests on the recipes and quantities of the audited business, not on an industry average.
Burden of proof and its reversalmet
Proper bookkeeping must be taken as the basis of taxation; only its rejection opens the way to an estimate.
Citation§ 158 AO · § 162 Abs. 2 AO
What we provideThe evidence is prepared so that the reversal of the burden remains traceable and the counter-evidence engages with the calculation, not with the objection.
Official benchmark tablesexceeded
Official margin tables setting gross profit mark-up rates by trade class.
CitationBMF-Richtsatzsammlung · BFH v. 14.12.2022 – X R 19/21 (Vorlage)
What we provideThe actual mark-up of the business is determined and set against the official figure — with a reasoned classification.
Data access and formatmet
Data access in the forms Z1, Z2 and Z3; provision in accordance with the GoBD.
Citation§ 147 Abs. 6 AO · GoBD (BMF v. 28.11.2019)
What we provideOutput in the audit formats required by the respective country; the raw data is preserved unchanged.
Intensity of judicial reviewmet
The fiscal court investigates the facts of its own motion and may make its own estimate.
Citation§ 76 FGO · § 96 Abs. 1 S. 1 FGO
What we provideThe dossier is built so that a court can follow it without having to calculate anything itself.