Search
Contact
14.10.2021 | KPMG Law Insights

Tax dispute – Six percent interest on taxes is unconstitutional

Six percent interest on taxes is unconstitutional

Long criticized, now declared unconstitutional: In a decision published on August 18, 2021, the German Federal Constitutional Court declares interest on back taxes and tax refunds at an annual rate of 6% unconstitutional from 2014.

For some time now, taxpayers have been unable to understand the amount of interest that the tax office charges for back taxes.
In a decision published on August 18, 2021, the German Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) basically confirmed this legal perception and declared the interest on back taxes at 6% per year for interest periods from January 1, 2014 to be unconstitutional.

In order to achieve the goal of full interest, namely to compensate for the fact that taxes are assessed and due at different times for individual taxpayers, interest at a rate of 0.5% per month is no longer justified in the opinion of the BVerfG since 2014. In this regard, the BVerfG makes it very clear that the interest rate of 6% per year has been evidently unrealistic since 2014 at the latest. For interest periods prior to 2014, however, this interest rate roughly corresponded to the relevant conditions on the money and capital markets according to the decision and was therefore not unconstitutional for these periods.

The incompatibility of interest pursuant to § 233a AO with the Basic Law includes not only back taxes but also interest on refunds in favor of taxpayers.

For taxpayers affected by this decision, however, it should be noted that the BVerfG has also stated that the previous law will continue to apply to interest periods from January 1, 2014 to December 31, 2018. Only for interest periods falling in 2019 are the provisions inapplicable.

The legislature is now required to enact new legislation by July 31, 2022, which will apply retroactively to all interest periods beginning in 2019 and cover all sovereign acts that have not yet become final.

Explore #more

19.08.2026 | In the media

KPMG Law Interview in HAUFE: Even If AI Makes a Mistake, the Board of Directors Is Still Liable

AI analyzes, makes recommendations, and helps make decisions. But who bears the consequences if it makes a mistake? KPMG Law experts Vincent Manthey and Sabrina

19.08.2026 | In the media

KPMG Law Article in Bloomberg Tax: Germany’s Tax Crime Action Plan Pushes the Boundaries of the Constitution

The new 26-point action plan against tax and financial crime, issued by Germany’s finance and justice ministries, signals a shift toward tougher sanctions, closer interagency…

13.08.2026 | KPMG Law Insights

Federal Ministry of Finance Presents Draft Bill on Mandatory Use of Electronic Cash Registers and Combating Tax Evasion

In July 2026, the Federal Ministry of Finance (BMF) and the Federal Ministry of Justice (BMJV) presented an action plan to combat tax and financial

11.08.2026 | In the media

Guest article in *Versicherungsmonitor* on the topic of cyber claims regulation

Cyberattacks—particularly ransomware campaigns—pose challenges for insurers when it comes to claims settlement. When entire IT infrastructures at insured companies come to a standstill and the…

11.08.2026 | KPMG Law Insights

Transparency Requirements Under Article 50 of the AI Act: Companies Should Address These Questions Now

The transparency requirements of the EU AI Act have been in effect since August 2, 2026. These obligations apply to chatbots, AI assistants, avatars, synthetic…

10.08.2026 | In the media

Op-Ed on the Procurement Acceleration Act and Sustainable Public Procurement

On April 23, 2026, the Bundestag passed the Act on Accelerating the Award of Public Contracts. After the Act was published in the Federal Law…

05.08.2026 | Deal Notifications

KPMG Law and KPMG Advise NMP Germany on the Acquisition of Klöckner Desma Elastomertechnik GmbH

KPMG Law Rechtsanwaltsgesellschaft mbH (KPMG Law) and KPMG AG Wirtschaftsprüfungsgesellschaft (KPMG) advised NMP Germany GmbH on the legal, tax, and financial aspects of the transaction…

04.08.2026 | In the media

Portrait of Mathias Oberndörfer in the *Börsen-Zeitung*

Mathias Oberndörfer has been with KPMG for more than 20 years—reason enough for an in-depth profile in the *Börsen-Zeitung*. The Börsen-Zeitung traces his career path…

03.08.2026 | Unkategorisiert

KPMG Law und KPMG beraten NMP Germany beim Erwerb der Klöckner Desma Elastomertechnik GmbH

Die KPMG Law Rechtsanwaltsgesellschaft mbH (KPMG Law) und die KPMG AG Wirtschaftsprüfungsgesellschaft (KPMG) haben die NMP Germany GmbH beim Erwerb der Klöckner Desma Elastomertechnik Gruppe…

03.08.2026 | In the media

Statement by KPMG Law experts on the EU Packaging Regulation in the business magazine *impulse*

Starting January 1, 2030, packaging must consist of at least 70 percent recyclable materials. Starting August 1, 2030, so-called “deceptive packaging” will also be banned.…

Contact

Dr. Heiko Hoffmann

Partner
Munich site manager
Head of criminal tax law

Friedenstraße 10
81671 München

Tel.: +49 89 59976061652
HHoffmann@kpmg-law.com

Arndt Rodatz

Partner
Head of criminal tax law

Fuhlentwiete 5
20355 Hamburg

Tel.: +49 40 360994 5081
arodatz@kpmg-law.com

© 2026 KPMG Law Rechtsanwaltsgesellschaft mbH, associated with KPMG AG Wirtschaftsprüfungsgesellschaft, a public limited company under German law and a member of the global KPMG organisation of independent member firms affiliated with KPMG International Limited, a Private English Company Limited by Guarantee. All rights reserved. For more details on the structure of KPMG’s global organisation, please visit https://home.kpmg/governance.

KPMG International does not provide services to clients. No member firm is authorised to bind or contract KPMG International or any other member firm to any third party, just as KPMG International is not authorised to bind or contract any other member firm.

Scroll