• Germany edition
Photo: DPA

Man can keep €84,600 after tax office error

Published: 19 Jan 12 08:57 CET
Online: http://www.thelocal.de/society/20120119-40205.html

A man who kept quiet for eight years about a €84,600 overpayment from the German tax office has been told by a court he can keep the money.

The man from Saarland was due a tax rebate of €400, but received instead a bank-account-boosting payment of €85,000, daily newspaper Die Welt reported.

And because the tax authorities did not contact him to ask for the money back for eight years, a court ruled on Wednesday, it was too late and the man could keep the money.

The Federal Tax Court said the five-year limit on claims for restitution from the tax office applied in this case.

The civil servants who had failed to contact the man for such a long time after the overpayment could not do anything more to get the money back.

The man did not contact the tax office about the overpayment, but kept quiet – and can now spend the money.

The Local/hc

What do you think? Leave your comment below.

Fark It! Digg This  Share everywhere
Send to a friend Printable version Twitter This

Your comments about this article:

11:36 January 19, 2012 by The-ex-pat
Well now I know how long to sit on any potential amount before I can spend it :)............Subject to a nice new law now that is............
12:01 January 19, 2012 by lucksi
Using the letter of the law against the spirit of the law.

How much you want to bet that the law was supposed to stop claims against the state/tax office for errors they made years/decades ago?
12:52 January 19, 2012 by iseedaftpeople
The key is indeed to wait for any applicable statutes of limitation to run out. If government bodies can't be bothered to check their own accounting for errors in due time, then I think it's only fair that you get to keep the money after a certain time period. After all, the other way round, if you don't claim your income tax within five years, tax authorities can and will refuse to pay you back.

But again, if some government entity made an oopsie and transfered a copious amount of cash to your accout, do not think you can just blow the money right away. I know somebody who is on Hartz IV and his ARGE agency once erroneously transferred not the usual monthly 500-something euros to his account, but exactly ten times that... over 5,000 euros... they simply must have gotten the decimals wrong... long story short, he managed to burn through about 1500 of the 5,000 euros before the ARGE notified him about two weeks later... and he didn't just have to give them back the remainder of the five grand, but they also reduced his monthly Hartz IV allowance by about 150 euros for the time being to make up for the 1500 euros that he had already spent.
13:11 January 19, 2012 by starsh3ro
well yeah youre all happy that the law got check mate by its own, but did anybody think about that it doesnt hurt them?

the money lost to the lucky guy is just part of what we all paid before as taxes.
14:09 January 19, 2012 by freechoice
are you saying there is no auditing in the tax office for 8 years? sounds like a potential hanky panky for greedy people!
14:14 January 19, 2012 by iseedaftpeople
starsh3ro

>the money lost to the lucky guy is just part of what we all paid before as taxes.

Fair point... on the other hand, 84,000 euros is less than a drop in the ocean compared to the ludicrous amounts of tax money that are wasted each and every year on all kinds of needless government expenses. If you care, the Bund der Steuerzahler (Taxpayers' Association) issues a report annually that lists the most gratuitous government projects and how much money went down the drain for them on the behalf of us taxpayers. It makes 84 grand seem like less than pocket change.
16:44 January 19, 2012 by zeddriver
Not to sure I would say he's a "lucky Guy" I would hope that was a sarcastic remark.

In my eyes he is a thief plain and simple. But I imagine in his own eyes. He probably justified his criminal behavior by pointing his finger toward to government and saying that they have done worse. We humans are experts at pointing out others worse behavior to justify or own.

@iseedaftpeople

As for it being a drop in the bucket.

It may sound corny or something from Confucius. But. The biggest avalanches are still made from individual snow flakes. The 'little stuff' adds up after a while.
16:50 January 19, 2012 by nemo999
Some people can keep secrets.
19:57 January 19, 2012 by raandy
I say sweet, way to go.
20:50 January 19, 2012 by joysonabraham
One official from thousands, is he the only one who made similar mistakes. There could be some cover ups for small amounts i guess. All in all many may be winning not so big lotteries without even paying for the lottery tickets.

It seems that the people who enact the laws must be super human to go through each and every wording, to see whether one makes another void, needs to imagine all possible ways their subjects interpret the law or use or misuse the law( is it really a misuse when the law never mentions using this way and that way is wrong).

We must respect out politicians a bit more than we usually do. I think if all these people were not vigilant and careful enough everyone of us will find some way around each and every law to get stuffs done.
13:34 January 20, 2012 by iseedaftpeople
to all the "moral high ground" posters:

wait till something like that actually happens to you. I'm sure not even half of you would return the money instantly. It would at least cross your minds how you could manage to legally keep it.
22:56 January 20, 2012 by zeddriver
@iseedaftpeople

To all the 'Moral high ground' posters. And said as a pejorative. That says a lot. I would think that being honest should be the norm. And dishonesty as lacking morals. I guess I'm old school. And out of touch with dishonesty as the norm these days. And being honest as something strange.

I have had a smaller version of this happen to me. I bought a bunch of garden furniture. Paid via debit card. Got home and found that they had not charged me for an item that was worth $150.00. I went back to the store and paid them. Guess that makes me one of the abnormal folk.
ADD YOUR COMMENT   (YOU MUST LOG IN OR REGISTER TO MAKE A COMMENT)
Today's headlines
Photo: DPA

Expanding drone fleet raises privacy concerns

Germany's armed forces and police currently operate 331 high-tech drones inside and outside the country, and the government intends to swell the fleet, according to a media report that has alarmed civil rights advocates. READ (2 COMMENTS) »

Photo: DPA

Milder weather on the way for the weekend

Spring is coming ever closer in Germany, as mild temperatures and light rain are forecasted for the next few days. But nights will remain frosty in the south, the German Weather Service (DWD) reported. READ »

Photo: DPA

Obama praises Merkel’s euro crisis leadership

Despite plenty of transatlantic tensions over the eurozone debt crisis, US President Barack Obama phoned German Chancellor Angela Merkel to congratulate her on concluding a new Greek bailout deal. READ (10 COMMENTS) »

Photo: DPA

Frankfurt Airport workers halt strike for talks

Frankfurt Airport's tarmac traffic controllers have called off their five-day strike after the company that runs Germany's largest air hub offered to negotiate over their wage demands. READ (6 COMMENTS) »

Photo: DPA

Defrocked, defrauded: man cons abusive bishop

A 29-year-old German man has been charged with conning Walter Mixa, a former Catholic bishop who resigned following child abuse allegations, out of nearly €5,000. READ (3 COMMENTS) »

Photo: DPA

Germany told to stop sex offender castration

The Council of Europe's anti-torture committee on Wednesday urged Germany to abolish the surgical castration of sex offenders, warning that the operation could amount to "degrading treatment." READ (17 COMMENTS) »

Have Your Say
Photo: DPA

Can Gauck be president 'while living in sin?'

Germans generally agree that Joachim Gauck is a good choice for president. But can the ex-pastor be the nation's moral authority while staying married to one woman yet living with another set to become First Lady? Have your say. READ (11 COMMENTS) »

Photo: DPA

Internet 'scammer' freed in surprise move

Megaupload.com boss Kim Dotcom was freed on bail in a surprise move Wednesday, after a New Zealand judge dismissed fears he would flee the country to escape US online piracy charges. READ (2 COMMENTS) »

More Society
Highlights
Photo: DPA
OPINION »
The Local’s media roundup surveys opinion on Joachim Gauck’s ascension to the German presidency
Photo: DPA
SOCIETY »
Can't understand Cologne's traditional drinking songs being sung by Karneval revellers? A German-American couple has published translations in English.
Photo: DPA
OPINION »
President Christian Wulff's resignation may be quickly forgotten, but Chancellor Angela Merkel’s poor judgement will remain, writes The Local’s Marc Young.
Photo: DPA
LIFESTYLE »
The boozy zaniness of Karneval isn't just for Catholics from the Rhineland. Who needs naked Samba dancers in Rio when you have drunk Germans in clown suits in Cologne, right?
Photo: DPA
LIFESTYLE »
What's on in Germany: February 16 - 22
Photo: Dreamworks Studios, War Horse
LIFESTYLE »
Find the latest movies in English playing in Germany with The Local's cinema guide.
Photo: DPA
OPINION »
Should people without children pay more taxes to help shore up Germany's social security system? Have your say.
Photo: DPA
LIFESTYLE »
Sabine Devins tackles immunisations and baby pharmaceuticals in the latest instalment of Motherhood in the Fatherland.
Photo: Ukelele Orchestra of Great Britain
LIFESTYLE »
What's on in Germany: February 9 - 15
Photo: Vocalex
SPONSORED ARTICLE
Extend your German vocabulary with Vocalex
Photo ECLA
SPONSORED ARTICLE
A truly international education at the heart of Berlin
Photo: Bavarian International School
SPONSORED ARTICLE
A global education - a Bavarian community



See all ads | Join the Marketplace

Jobs in Germany, in English

1248 jobs available
700 new jobs this week
0 new jobs today

ALL JOBS »

Latest news from The Local in Sweden

More news from Sweden at thelocal.se

Latest news from The Local in Switzerland

More news from Switzerland at thelocal.ch

Latest news from The Local in France

More news from France at thelocal.fr

Latest news from The Local in Norway

More news from Norway at thelocal.no

Blog
Essentials

Dating
Looking for your own blonde bombshell? Or is the strong, silent type more your style? Find a German sweetheart here.

Weather
"After clouds comes clear weather," say the Germans. But what about after that? Find out in The Local's weather section.

Blog
German stuff that's distracting us today.

Noticeboard
Whether you want to buy, sell, hire, announce or promote something, here's the place to do it - completely free of charge.

Discuss
Debate the news, ask for advice, make friends - or just let off steam.

Search News


Register

Register now for:
> Free use of noticeboard
> Special discounts
> Weekly news roundup
> Unlimited use of discuss

REGISTER FOR FREE »

News from the Goethe-Institut
News from Young Germany
News from DeutschlandOnline

Toytown Germany
Germany's English-speaking crowd
English-speaking educators (native level)

Hotel reservations in Berlin
Visiting Berlin anytime soon? Book your hotel in Berlin here.
Rental apartments in Berlin
For home-from-home holiday accommodation, search for a Berlin apartment to rent.
Trade CFDs with InterTrader.com
Start trading shares, equities, forex, etc. No commission on equities; Low min. margins. Apply for a CFDs account now!