In tax accounting law provisions raise a large number of questions, for which reason they can be described as a never-ending story. A legal basis for provisions in tax law was created quite late by the StRefG 1993. Since then the creation of provisions is regulated in § 9 EStG. According to that paragraph, provisions can be made for liabilities and for unticipated losses. Provisions for severance payments, post-employment benefits and provisions for jubilee benefits are allowed as well. These three types of provisions refer to the group of provisions for total social capital which are regulated in § 14 § EStG. Compared to business law, the creation of provisions in tax law is significantly restricted. Thus in tax law the creation of accruals for expenses and general provisions are not allowed.Regarding to the term "provision" there is no standard definition existing, neither in business nor in tax law. The higher administrative court assumes that there is an autonomous defintion of provisions in tax law which is the result of the tax based ability-to-pay principle. For the creation of a provision in tax law, the following requirements have to be fulfilled: For the existence of an obligation respectively an anticipated loss, precise circumstances which concern every single case have to be detected. Furthermore the existence or the development of a liabiltiy respectively a loss has to be anticipated seriously, its economic origin has to be before balance sheet date and these circumstances have to emerge until the preparation of balance sheet. Some of these requirements are not definitely regulated in the law, thus they are a result of the current doctrine and the judicature of the higher administrative court.Concerning the valuation of provisions, many modifications took place in the past. In tax law provisions are stated on a partial value basis. In the case of long term provisions, this part value has to be discounted with a fixed interest rate of 3,5 %. |