Federal Fiscal Court has reasonable doubts on constitutionality of interest on taxes

The German Federal Fiscal Court has reasonable doubts on the constitutionality of interest on tax payments for prior years starting from 2015 on. With decision of April 25, 2018  (IX B 21/18 the court has granted  application for suspension. The decision is related to §§ 233a, 238 AO (German Fiscal Code). Interest on tax payments for prior years are charged by 0.5% per month of the tax payment which leads to an interest rate of 6.0% per anno.

Tax payers have to wait whether the decision leads to a change in legislation. For all open cases it is advisable to raise an objection and apply for an application of suspension with regard to the above mentioned decision.