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You should not make this mistake with child benefit - otherwise there is a risk of recovery

2020-11-06T14:53:59.016Z


If parents have wrongly received child benefit, they must expect reimbursement from the family benefits office. But what does wrongly mean?


If parents have wrongly received child benefit, they must expect reimbursement from the family benefits office.

But what does wrongly mean?

Update from November 6th, 2020:

Parents also receive

child benefit *

for children of legal age up to the age of 25 if the offspring is

completing

an

apprenticeship

,

for example

.

"If the training is broken off, this must be reported to the family benefits office," explains Isabel Klocke from the taxpayers' association in a report, as informed by the German Press Agency (dpa).

Read here:

So much child benefit will be available from 2021 - and what about taxes?

If, in the meantime

,

parents receive

child benefit without being entitled to it

, the family

benefits office can claim

the money back.

According to the report, this also applies if the

money has already been offset against other social benefits

.

Even then, the family benefits office is not obliged to grant a remission, according to the dpa ruling by the Federal Fiscal Court (BFH, Az .: III R 16/19).

In a

specific dispute

The report goes on to say that a mother had received child benefit for her daughter.

The daughter interrupted her education because of the birth of a child.

The training contract was subsequently canceled.

The daughter had a second child and moved out of the home.

But the mother did not inform the family benefits of these changes, according to the background to the case - and continued to receive child benefit, which was offset against the daughter's social benefits.

Also read:

The child allowance increases - the benefit is in addition to child benefit

Child benefit: Parents have notification obligations

The family benefits office reclaimed the child benefit when it found that there was no longer any entitlement.

The mother was therefore not issued a decree because she had

violated

her

notification obligations

.

Help with the tax

Taxable?

Appropriate control software (promotional link), in which the individual steps are clearly explained, can be of great help.

Tax assessment - what to do if child benefit not received is calculated?

Article of September 10, 2020

: Parents who apply for child benefit too late will receive

child benefit *

retrospectively for a maximum of six months.

This regulation has been in effect since 2018, according to a report by the German Press Agency (as of August 2020), in which the

current legal situation is

explained.

Parents of adult children in particular are often unsure whether they are still entitled to child benefit.

For example, if the offspring completes a

social year

or an

internship

- and in many cases do not apply for child benefit.

And some parents would simply forget to apply for child benefit if their offspring first had a job after graduating from high school, then took some time off and only then began training or studying.

For further reading

: In these cases, parents are entitled to child benefit

Treasury calculates child benefit not received: appeal against tax assessment

What does this mean for the

income tax return

?

The regulation has so far been like this: "Even if parents only received a repayment for a few months, the tax office was able to

credit the entire child benefit

in the

income tax

return

as part of the cheaper check," says the dpa report.

However, the legal situation has changed.

Isabel Klocke from the Association of Taxpayers explains the situation according to the dpa: "In future, the child benefit applied for, which is not paid out due to a late application to the family benefits office, will no longer be included in the child allowances."

Read here:

Baukindergeld: Parents can get that much money if you are fast enough now

The regulation applies to all

tax notices

that

are not yet final

, the dpa report said.

In these cases, parents can

object to the tax assessment

if the tax office has made the old credit.

Another tip: The parents concerned should refer to the changed legal situation.

In the future, it should then work a little easier: In future tax assessments, the tax office will automatically take the new legal situation into account.

(ahu) * Merkur.de is part of the nationwide Ippen central editorial network

Also interesting

: The 300 euro corona child bonus for child benefit will now be paid out: When is the first installment due?

Compact tax return: amendments, deadlines and submit retrospectively

Compact tax return: amendments, deadlines and submit retrospectively

This article contains affiliate links.

Source: merkur

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