On 8 October 2026, the German Association of Tax Advisors (DStV) submitted a supplementary statement to the European Anti-Money Laundering Authority (AMLA) consultation on draft technical standards for risk assessment of obliged entities, including tax advisory firms. The DStV’s position, structured under the banner “Reflect, Relaunch & Restart,” argues that the current proposals impose disproportionate compliance burdens on small and medium-sized practices, fail to account for existing professional oversight mechanisms, and risk undermining the risk-based approach mandated by the EU AML Directive (EU) 2024/1640. The statement calls for a recalibration of risk indicators, simplified reporting thresholds for low-risk firm profiles, and explicit recognition of the tax advisor’s statutory duty of confidentiality under Section 203 German Criminal Code (StGB).
Key Takeaways
- Proportionality Principle: DStV demands that AMLA adopt tiered requirements distinguishing between large multidisciplinary firms and sole practitioners, ensuring that compliance costs remain proportionate to actual money laundering risk exposure.
- Professional Supervision Credit: The association argues that existing oversight by professional chambers and tax authorities should reduce duplicative AMLA supervisory interventions, advocating for a “compliance passport” mechanism for firms with clean regulatory records.
- Confidentiality Safeguards: The statement insists on explicit legal carve-outs protecting attorney-client privilege equivalents for tax advisors, warning that overly broad data access powers could erode trust essential to voluntary compliance.
Disclaimer: This article is compiled and summarized by the AI based on publicly available information and is for general information purposes only. It does not constitute any form of formal tax advice, legal opinion, or basis for performance. Please consult a qualified professional tax advisor or legal counsel for tax advice.
Source: Read Official Announcement