FG Stuttgart: From 2015 information about voluntarily insured persons is not necessary
Stuttgart (jur). Up to and including the tax year 2014, the tax offices were entitled and obliged to voluntarily provide the health insurers with information on the spouses' income from those insured by law. This was decided by the Finanzgericht (FG) Baden-Württemberg in Stuttgart in a recently published judgment of April 22, 2016 (Az .: 13 K 1934/15). From 2015, however, this would no longer be necessary because the health insurance companies can set the maximum contribution anyway if there is no evidence.
The applicant's husband is voluntarily insured by law. He did not comply with the request from his health insurance company to also report his wife's income for the contribution assessment. Upon request from the cash register, the tax office provided the necessary data. The wife complained.
The FG Stuttgart dismissed the claim for periods up to and including 2014. According to the law, the tax offices are obliged to provide the social security providers with the information they need to measure their contributions.
From 2015, however, the information was no longer necessary. Because in August 2014, a new regulation was included in the Social Code. Thereafter, the health insurance companies could set the maximum contribution if a voluntarily insured member did not provide the information required to calculate the contribution. mwo / fle