Tax consultants are not infallible either
The tax law in Germany is known to be one of the most complex and most comprehensive on this planet. In order not to get unloved mail from the tax office at some point, not only entrepreneurs and companies trust , but also increasingly private persons to the supportof a expert tax consultant or even a tax office. Dabei ist das Ziel der Mandanten stets das Gleiche. The tax adviser should take care of this within the scope of his activity care, to observe all legal deadlines and duties of the clients and at the same time to inform and advise comprehensivelyabout potential savings and tax advantages. Die Zusammenarbeit mit einem Steuerberater bedarf ein hohes Maß an Vertrauen in die Fachkunde und Qualität des Beratenden, insbesondere vor dem Hintergrund der Komplexität der Thematik sowie der tiefen Einblicke in diefinanzielle Situation von Unternehmen und Privatpersonen. But even the best tax office is not immune to making mistakes in the daily practice. mistakes, wrong advice or even unethical business practices repeatedly lead to significant disadvantages and consequences for the clients. However, tax advisors are also liable for their action or “non-action” and must pay for any damages incurred within the scope of tax advisor liability.
Our law firm Dr. Fiala from Munich advises and supports tax consultants and clients equally and assists in the clarification of liability cases. Below you will find more detailed information on the duties of your tax advisor. We would also be happy to advise you personally if you suspect a liability case and analyse your case professionally and competently.
The duties of a tax consultant in the context of tax consultant liability:
- Your tax adviser is obliged to provide expert advice andcareful advice, even without being asked to do so
- Your tax consultant is obliged to provide comprehensive information on all tax advantages and disadvantages
- Your tax adviser undertakes to enforce all tax advantages on your behalf vis-à-vis the tax office
- Your tax adviser is obliged to protect his clients from legal consequences and financial damage
- Your tax adviser is obliged to state this in the case of incorrect advice and to inform his clients
- Your tax consultant is obliged to observe all legal deadlines on your behalf and to provide comprehensive information
When is the tax consultant liable:
- Obvious wrong advice
- Failure to point out potential savings
- Missed deadline
- Incorrect or insufficient clarification of your facts
- Lack of duty to inform
- Insolvency delay
Tax consultant liability: How we support you in case of liability
- Independent tax consultant audit your case
- Independent tax audit of your case
- negotiations with your supervising tax office and/or the professional liability insurance company
- judicial enforcement of your claims in the event of failure to reach agreement
- We support you already in the run-up with the drafting of your consulting contracts
- Independent tax audit of your case
- negotiations with your supervising tax office and/or the professional liability insurance company
- Representation of your case in court
Helpful articles on the subject of tax consultant liability:
- bAV: Explosive employer and intermediary questions on value equality
- bAV: more than 330 billion Euro liability potential annually !
-
The tax consultant as a financial advisor – (k)a competition for financial service providers?
- Insolvency resistance of company pension schemes Tax consultants are liable for incorrect advice
