Regulatory updates - Germany

On November 5, 2025, the Federal Ministry of Finance (Bundesministerium der Finanzen, BMF) published an updated version of its FAQ on the introduction of mandatory e-invoicing from January 1, 2025. 

The "October 2025" version of the FAQ maintains general definitions, transmission channels, and timelines, while introducing some key updates:  

• Foreign businesses with German VAT registration but no fixed establishment can indicate this status on invoices to justify exemption from e-invoice issuance requirements. Recipients may rely on this indication when exercising ordinary commercial care. 
• A new section explains that the VAT Act (Umsatzsteuergesetz, UStG) and the Federal E-Invoicing Ordinance (E‑Rechnungsverordnung des Bundes, ERechV) operate without a hierarchical relationship and must be followed in parallel within their respective scopes.  

One example highlights the different thresholds for requiring an e-invoice: the VAT Act mandates e-invoices for transactions over 250 EUR, while ERechV applies to federal B2G invoices from 1,000 EUR. The two regimes also differ regarding transmission channel requirements, with various options available under the VAT Act for B2B e-invoicing compared to the mandatory use of OZG-RE for federal B2G transactions. 

• The ELSTER viewer now supports both XRechnung and ZUGFeRD formats. 

The document includes additional information links for e-invoicing resources and updates legal references, including both BMF letters on e-invoicing dated October 15, 2024, and October 15, 2025, as well as the July 14, 2025, GoBD amendments concerning retention requirements. 

On October 15, 2025, the German Federal Ministry of Finance (BMF) released updated guidance following the draft letter published on June 25, this year. The document amends the VAT Implementation Decree (Umsatzsteuer-Anwendungserlass, UStAE) and offers additional clarifications on implementing the e-invoicing mandate.  

Key updates in the letter include:  

• Updated error distinctions: The guidance distinguishes between format errors and business rule errors. Format errors occur when invoice files fail to meet technical requirements or prevent correct data extraction as required by the VAT Act. Business rule errors happen when files violate applicable business rules, such as containing incomplete information or logical inconsistencies.  

• Readability: For structured EN 16931 compliant e-invoices, creating a human-readable copy is optional. For hybrid formats (e.g., ZUGFeRD) the data in the structured part takes precedence over that in the image file if discrepancies exist. 

• Additional validation guidance: The document reaffirms that invoice compliance with EN 16931 standards can be verified using suitable validation applications. It emphasizes that structured data must allow for the correct and complete extraction of required invoice content.  

Additionally, the BMF clarifies that e-invoice validation supports but does not replace the recipient's obligation to verify invoices for completeness and accuracy. For example, the use of an incorrect tax rate will not trigger a validation error.

• Reconfirmation of distribution methods for e-invoices: The invoice issuer may choose a permitted distribution method, such as EDI or email. Recipients must be capable of receiving e-invoices and cannot insist on receiving an "other invoice" instead.  

• Updated Archiving Standards: E-invoices must be archived in their original structured format to ensure integrity and compliance with tax regulations. Simply archiving e-invoices outside of a GoBD-compliant data processing system does not violate VAT Act requirements for authenticity and integrity. While for purposes other than VAT, reference is made to the amendment of the Principles for the Proper Management and Storage of Books, Records, and Documents in Electronic Form, and for Data Access (GoBD) published July 14, 2025.

• Clarification on credit notes: Reaffirmation that when correcting e-invoices, the credit note must be issued as an e-invoice, and any missing or incorrect information cannot be rectified in a different form. Credit notes must be clearly marked as such, for example, by the correct use of invoice type.  

• Additional Updates: Various sections of the VAT Application Decree (UStAE) have been amended, including cross-references and an overall update to standardize terminology and improve clarity and consistency across sections in the letter. 

On September 17, 2025, following consultation with federal states' tax authorities, the Federal Ministry of Finance (BMF) published a letter addressing the use of foreign languages for certain invoice information. The guidance clarifies that specific mandatory invoice details required under the German VAT Act (Umsatzsteuergesetz, UStG) can be provided in official EU languages instead of German. 

The BMF has updated the VAT Application Decree (Umsatzsteuer-Anwendungserlass, UStAE) to include a new Annex 8. This update explicitly permits the use of specific foreign language terms on invoices, such as "Self-billing" and "Reverse charge," with appropriate cross-references to the new annex. The guidance also expands examples for margin schemes applicable to travel agents and second-hand goods, among others. 

The newly introduced Annex provides a comprehensive multilingual table listing accepted terms in various official EU languages. For businesses, this clarification confirms that German invoices can include standardized foreign-language expressions from official EU languages for certain required VAT annotations without compromising compliance. 

This BMF letter applies to all open cases and repeals the BMF letter dated October 25, 2013.