Imagine you are a German citizen or a long-term resident in Germany. Your spouse takes a part-time job in London or Paris, or maintains a dormant business registration in their home country. To you, this seems irrelevant to your German Kindergeld claim because your primary life is in Germany. However, for the Familienkasse, this is the exact moment they may initiate Criminal Tax Proceedings (Steuerstrafverfahren). What seems like a logical continuation of your benefits to you is viewed by the authorities as a deliberate attempt to hide information to avoid the “priority of countries” rule.
Once you receive a notice of a criminal investigation, you are no longer a “client”—you are a criminal suspect. In Germany, Kindergeld is legally a tax refund, so any wrongful claim is treated as tax evasion.
The Trap of “Insignificant” Facts: No Room for Error
The biggest risk is believing that minor income or specific insurance statuses don’t matter. The Familienkasse initiates criminal cases especially when facts are omitted that the applicant deemed unimportant.
Example for Residents in Germany: A father in Germany claims Kindergeld. The mother works a few hours a week in Paris or receives maternity benefits there. The father lists her as “unemployed” in the German form because she has no German income. The authorities treat this as fraud because the French activity makes France primarily responsible for the payment.
Example for PFA (Romania): A person has a “suspended” self-employment status (PFA). Since no money is being earned, they check “not employed.” The German office views the legal existence of the PFA as an active status and charges the applicant with fraud for not disclosing it.
Example for Agricultural Insurance (Poland/Italy/Spain): A spouse is insured under a special agricultural scheme but doesn’t actually work on a farm. Failure to mention this insurance is seen as hiding professional activity, leading to immediate tax evasion charges.
Example for Mini-jobs (Czech Republic/Slovakia): Small contracts (like DPP) for negligible amounts are often left out of applications. For the Familienkasse, even a 100-euro job is a professional activity that must be reported.
Pressure Tactics for Debt Recovery
The office often uses criminal charges as a tool of intimidation. A clerk may calculate a debt—often incorrectly—and trigger the criminal process simultaneously. The goal is to scare you into paying the full amount immediately without questioning the calculation. Many people pay out of fear of a criminal record, even when the debt is not legally owed. Remember: paying under pressure can be interpreted as an admission of guilt.
Why You Must Not Ignore This Letter
Ignoring a notice titled “Anhörung als Beschuldigter” (Hearing of the Accused) leads to heavy fines, a permanent criminal record (which can end your career), and a court conviction—even for small amounts.
FAQ – Common Questions
Does repayment stop the criminal case? Not necessarily. They may take the money and still prosecute you for fraud. Should I attend the hearing? You have the right to remain silent. Anything you say without preparation can be used against you. Is agricultural insurance considered “work”? Yes, under EU coordination rules, it is often treated as professional activity.
Every Situation Requires Individual Analysis
Officials make mistakes—they lose papers and misinterpret international laws. Do not make rushed decisions based on fear. Take advantage of our free consultation to analyze your situation and see if the allegations are actually justified.