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
.
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Taxable?
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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
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