Do you now have to pay back your emergency coronavirus aid?

In our article, you will find out when it may be worthwhile to defend yourself against the reclaim notice! And how you can do this.

You received emergency aid during the pandemic and are now supposed to pay it back?

Problem: In the case of emergency aid, there was no provision for a final settlement. Nevertheless, approval authorities check whether the requirements were met.

Can you answer the question with "Yes"?

➡️ Has a month not yet passed since the recovery notice was issued?
Important: A decision is deemed to have been announced on the 4th day after it is posted. The deadline for an appeal is generally one month.

No: You can no longer do anything after the deadline!

➡️ Yes: Have three years already passed?
A claim for repayment is subject to a limitation period of three years.

A claim for repayment is subject to a limitation period of 3 years. This begins at the latest at the end of the year in which the authority became aware of the circumstances on which the reclaim is based. And reports of reclaims were already in the media in 2020/2021.

➡️ Or: Was the purpose of the grant unclear?
During the pandemic, the guidelines and requirements for the approval of aid were often changed. According to many court rulings, such ambiguities are to the detriment of the authorities.

➡️ Or: Does the recovery notice have formal defects?
Errors can lead to the annulment of the decision, e.g:
📌 Lack of or insufficient consultation prior to enactment
📌 Insufficient justification without specific reference to the case
📌 Fully automated decision without case-by-case assessment

➡️ Or: Is the recovery disproportionate?
Recipients of emergency aid were entitled to rely on the permanence of the grant. When deciding whether to reclaim the aid, the authorities must take into account the emergency situation during the pandemic, the time that has passed since then and the current economic situation.

➡️ Yes: it always depends on the circumstances of the individual case. But if you have answered one of these questions, it may be worthwhile defending yourself against the recovery notice.

Then proceed as follows

✔️ Take a look at the information on legal remedies: Complaint or objection - which is permissible in your federal state?
✔️ Find a lawyer who is familiar with this area and can represent you in dealings with the authorities.
✔️ Compile all documents and correspondence relating to the application. The lawyer will need them.

👉 Are you unsure whether you have to accept your reclaim notice? Contact us - we will be happy to assist you and help you with your tax questions and concerns:
www.wsb-berater.com/kontakt

#CoronaImmediate aid #Reclaim #Timely action #Economic aid #Tax advice #WSB