Since the demands on companies and IT-supported systems are becoming greater with increasing digitalization, the GoBD have also been adapted. In the latest version dated November 28, 2019, for example, topics such as mobile scanning
or cloud systems
are also included. A mobile scan
is another import path into the system when capturing receipts.
However, the GoBD itself is not a legal text, but formally describes the criteria on the basis of which a tax audit takes place. What are the requirements and background of the GoBD? We explain briefly:
1. what are the GoBD?
Even if the letter from the BMF
reads like a legal text, these principles formally "merely" set out criteria according to which it can be determined in a tax audit whether a company has complied with the proper keeping of books or records. Thus, compliance with the GoBD is in the hands of the taxpayer and the verification of this is in the hands of the tax office.
The GoBD describe the following points:
- Use of GoBD-compliant software
- Audit-proof archiving
- Procedural documentation
- GoBD-compliant operation
Important: In this context, the retention periods specified in Section 147 (3) of the German Fiscal Code (AO) of 6 or 10 years must always be observed (to be found under Chapter 3, Item 27 of the GoBD Guidelines).
These four rules must be observed in digital archiving in order to be considered GoBD-compliant: Inalterability, completeness, traceability and availability.
2 To whom do the GoBD apply?
All taxable entrepreneurs who generate profit income in any form are equally obliged to comply with the GoBD.
Based on the German Fiscal Code (Section 90 (3), items 141 to 144, AO ) and the individual tax laws (Section 22 UStG, Section 4 (3) sentence 5, Section 4 (4a) sentence 6, Section 4 (7) and Section 41 EStG), the GoBD obligate not only companies that are required to keep accounts but also self-employed persons, freelancers and small entrepreneurs who are not required to keep accounts to retain all tax-relevant data in accordance with the specified requirements.
Anyone who can ensure that the requirements anchored in the GoBD are met over the entire period of the retention periods is acting in compliance with the GoBD.
3. violations of the GoBD and consequences of non-compliance
In the event of non-compliance with the principles or violations of the GoBD, there are various consequences depending on the extent. If deficiencies in compliance with the GoBD are discovered during a tax audit and in particular in such a way that further deficiencies result from this, such as amounts being falsified or concealed as a result, this may have consequences under criminal tax law. As described above, the tax office proceeds according to the criteria of the GoBD during an audit and, depending on the extent, can, for example, demand tax arrears or interest on arrears, make estimates or even impose fines.
4. which documents are affected by the GoBD?
The GoBD concern all tax-relevant data. According to § 147 para. 1 AO, these are as follows:
- Financial statements
- Business and commercial letters
Important areas here are: Financial accounting, payroll accounting, cost accounting, bank accounts, asset accounting.
In addition, other documents are subject to retention and are therefore affected by the GoBD if they are relevant to the business. This also includes e-mails. E-mails must be archived and are subject to retention if the text of the e-mail contains relevant information for an invoice, for example. The e-mail does not have to be stored additionally if it only serves as a transmission medium and does not contain any relevant information.
5. GoBD-compliant accounting with the help of a DMS
The GoBD do not prescribe which system is to be used. Electronic archiving is primarily technology-neutral. However, it is advisable to use a DMS that is designed in accordance with the GoBD guidelines. For example, the GoBD stipulate: "The storage of data and electronic documents in a file system does not regularly fulfill the requirements of immutability, unless additional measures are taken to ensure immutability" (GoBD chapter 8, point 110).
In addition to the criterion of immutability (GoBD chapter 3.2.5), the other criteria of audit-proof archiving
must be present: Traceability and verifiability (GoBD chapter 3.1), completeness (GoBD chapter 3.2.1), accuracy (GoBD chapter 3.2.2), timely posting and records (GoBD chapter 3.2.3) and order (GoBD chapter 3.2.4). Here, audit-proof archiving acts as a prerequisite for GoBD-compliant archiving.
In this context, a DMS does not ensure audit compliance or compliance with the GoBD on its own, but can only be seen as an aid to implementation. In addition, the performance of the various systems differs. Tip:
A comprehensive list of the requirements for a DMS in relation to GoBD compliance can be found at Bitkom in the "GoBD Checklist for Document Management Systems
What else do I need to consider when complying with the GoBD?
In addition to the requirements for the DMS, the GoBD also regulates the requirements for the taxpayers, i.e. the internal recording and processing procedures as well as the behavior of the users.
The company itself is responsible for complying with the GoBD. This includes the following:
- First, a digital system must be selected that meets the criteria of the GoBD with regard to digital filing.
- Receipts must be captured in a timely manner (for example, via scan or import) and uploaded to the system. This can be done manually or automatically. It is important that the chronological sequence can be traced here as well. For a timely capture, one speaks of 8 to 10 days.
- Likewise, procedural documentation must be created. This documentation must contain information on the data processing procedure: "The procedural documentation usually consists of a general description, user documentation, technical system documentation and operational documentation" (GoBD Chapter 10.1, item 153).
- In addition, responsibilities must be clarified within the team: Who approves the data? Who checks the data?
The system itself is responsible for the availability and visibility of the necessary data, including history, as well as for audit-proof archiving
and automatic creation of electronic files in terms of proper structure and coherence.
meets the requirements of the GoBD and supports your company in the audit-proof archiving of your electronic documents.