Until now, a credit note did not have to be explicitly labelled as a "Gutschrift" (credit note). It was sufficient if it read "Rechnung" (invoice), even though it was actually a credit note. This changed as of 01/01/2013! A credit note must now also be expressly designated as a "Gutschrift"! Failure to comply with this new mandatory element may result in the denial of input VAT deduction and interest charges on the input VAT claimed without justification. Credit notes are therefore likely to become a key audit focus of the tax authorities during VAT audits. Please ensure going forward that a credit note is expressly designated as such, as the risk should not be underestimated given the strict approach taken by the tax authorities. Read here in detail how to implement this in practice.
Frequently asked questions
Frequently asked questions
Must a credit note explicitly be labelled as 'Gutschrift' since 1 January 2013?
Yes, since 1 January 2013 the explicit designation as 'Gutschrift' has been a mandatory VAT component. The former practice of heading a credit note with 'Rechnung' (invoice) is no longer sufficient. If this designation is missing, a formal defect exists.
What are the consequences if a credit note is not labelled as 'Gutschrift'?
If the mandatory designation is missing, the recipient may be denied the input VAT deduction. In addition, the wrongfully claimed input VAT may be subject to interest charges under § 233a AO. This risk is particularly significant in the case of retrospective tax audits.
Why are credit notes a focus area of tax audits?
Since the formal designation 'Gutschrift' (credit note) has been mandatory since 2013, violations can easily be identified during VAT special audits or general tax audits. The tax authorities apply this requirement strictly, so formal errors can quickly lead to input VAT being denied.
What is a credit note (Gutschrift) in the VAT sense?
A Gutschrift in the VAT sense is the invoicing of a supply by the recipient instead of by the supplier. It must not be confused with a corrective invoice (commercial credit note), which adjusts an original invoice. This distinction is essential for the correct labelling of the document.
How should businesses implement the labeling requirement for self-billed invoices (Gutschriften) in practice?
Companies should review their billing templates and ERP systems and ensure that every VAT self-billed invoice expressly contains the word 'Gutschrift'. In addition, a clear internal distinction must be made between Gutschriften and corrective invoices in order to avoid input VAT risks.