Home » The tax ID becomes the all-encompassing personal identification number – and thus probably unconstitutional

The tax ID becomes the all-encompassing personal identification number – and thus probably unconstitutional

Yes, it’s undoubtedly a bold statement. But unlike the now-common YouTube or Instagram posts with click-bait titles like “Unbelievable – this remedy will change your life” or similar, a closer look at the new legal situation actually suggests the assessment cited in the title thus probably unconstitutional.

Tax Code and Platform Transparency Act thus probably unconstitutional

Under the guise of making it easier to allocate public funds to citizens in need, the 2022 Annual Tax Act finally transformed the single tax ID introduced by Peer Steinbrück in 2007 into a comprehensive personal identification number. And this happened without much media coverage or even in our data protection bubble. Of course, dubai business fax list the energy crisis and the war in Ukraine continue to dominate the headlines, so how much attention do questions about the use of the tax ID still receive? I would therefore like to at least encourage a lively discussion and exchange of views in this context. Ultimately, the Federal Constitutional Court will perhaps—or hopefully—clarify whether the new linking options associated with the tax ID make it unconstitutional.

The data of all citizens’ private bank accounts are link to the tax ID

To make this possible, banks will be requir (!) to develop. A process for transmitting their customers’ account details to the Federal Central Tax Office. The previously very loosely restrict use of the tax ID will now be completely abolish. An estimated 50 authorities will have access to the tax ID, what should be the format and structure which has been convert into. A comprehensive personal identification number, starting in 2024. Sector-specific use in 2007: Goodbye!

Anyone who (like me) considers this at least worthy . Scrutiny might first ask whether the Federal Data Protection Commissioner.Who is involv in such procedures, had any objections? Prof. Kelber comment: ” With its draft, the federal government has not chosen the optimal path in terms of data protection law. ” Yes, you could say that. But… is that really all the criticism? Not the optimal path?

Platform Transparency Act makes everything worse

This new connection cannot be view independently . Fnother possible use, which in my opinion takes the aforemention. Tnterventions into a completely different surveillance dimension, and thus completely into. The Orwellian universe, albania business directory namely the so-called Platform Transparency Act.

What’s behind it? The law, which was passed in November, serves to implement EU Directive 2021/514 from March 2021 and requires (almost all) “platform operators” to report a comprehensive data set of their users – including their tax ID – to the Federal Central Tax Office. The background is that sales via sales platforms (including rental platforms such as Airbnb and Uber, as well as sales platforms such as eBay) and any resulting tax obligations should be recorded more accurately than before, or even recorded at all.

Exaggerated horror scenario?

Does everyone who sells used clothing on eBay now have to assume. That all sales will also be reported to the Federal Central Tax Office. That the tax office will soon inquire whether the regular sale of baby items might not actually be a commercial activity and therefore relevant for tax purposes?

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