The heavy rain and flooding not only claimed lives, but also caused enormous economic damage. To account for the material damage, the finance ministries of the states of North Rhine-Westphalia and Rhineland-Palatinate as well as the Bavarian State Tax Office have each enacted disaster decrees. Thomas Loibl from Ecovis in Landshut explains which tax support measures flood victims can receive.
What happens if my accounting records were destroyed by the water?
If accounting documents and other records have been destroyed or lost due to the storm, there are no adverse tax consequences to be drawn from this. Important: The affected taxpayer should document the destruction or loss in a timely manner and, to the extent possible, provide proof or credible evidence.
What can business owners do to mitigate the significant financial burdens?
The respective disaster decrees contain more than 20 tax support measures for taxpayers who are directly and not insignificantly affected — for private individuals as well as special regulations for entrepreneurs. Some examples from both:
Deferral and enforcement measures as well as adjustment of advance payments.
Note: Affected parties can submit the applications until October 31, 2021.
Deferral and remission applications for trade tax.
These applications must be submitted to the municipalities.
Special depreciation options for reconstruction
This allows expenses on a larger scale to be taken into account immediately to reduce taxes.
Special regulations for agriculture and forestry and income from renting and leasing
Farmers and landlords can take advantage of additional support measures.
Possibility to waive property tax
Interesting for all house and apartment owners.
Expenses for existentially necessary items (apartment, household goods, clothing) as extraordinary burdens
How are donations eligible?
The obligation to provide proof of donations has now been simplified. In addition, donation campaigns can also be organized by non-profit corporations that, according to their articles of association, do not promote charitable purposes, for example, or are regionally bound.
Furthermore, so-called donations from wages and salaries are possible. In this case, an employee waives payment of part of his or her salary. The employer pays this amount into a donation account of an institution entitled to receive donations. The donated portion of the salary is then not taken into account as wages. No payroll tax or social security must be paid. “However, the employer must fulfill and document the use requirement. Important: The donated salary must be recorded in the payroll account,” says tax consultant Thomas Loibl.
Tip: Even expenses for existentially necessary items (apartment, household goods, clothing) can be taken into account for tax purposes. In exceptional cases, these can be deducted as extraordinary expenses.