Consequences of a missing or faulty e-invoice

Choose whether an e-invoice was required, what you issued and whether the content is right: the calculator rates the risk to your customer’s input VAT and says whether to correct.

Was an e-invoice required?
Mandatory details complete and correct?

Risk to your customer’s input VAT

Low but avoidable

An ordinary invoice instead of the required e-invoice: in principle no input VAT, but with correct content usually still allowed (UStAE section 15.2a(1a) sentences 12 and 13). Better: send an e-invoice as correction.

Counts as an e-invoiceNo
Specific fine for a missing e-invoiceNone in the VAT Act
Fine under section 26a UStGNot applicable
CorrectionIssue an e-invoice that corrects the old one

Basis: section 26a(2) and (3) UStG; Finance Ministry letter of 15 October 2025, paras 6a, 6b and 35a, UStAE section 15.2a.

How this is checked

Prepared by Radif Partners · Method · VAT Act, ministry letters and XRechnung 3.0.2 checked on 25 October 2026

The German VAT Act contains no penalty specifically for a missing e-invoice. The fine in section 26a UStG covers failing to issue an invoice at all or on time, or failing to keep one; the fine can then reach €5,000. The real consequence of a wrong form usually falls on the customer: anyone who receives a PDF or paper invoice instead of the required e-invoice lacks, in principle, a proper invoice for deducting input VAT. The Finance Ministry letter of 15 October 2025 softens this where the content is correct, but the customer will still ask for a proper e-invoice. For faulty e-invoices the ministry distinguishes three cases. Format errors turn the file into an ordinary invoice. Business-rule breaches that concern a mandatory detail under section 14(4) UStG make the invoice defective. Breaches unrelated to the mandatory details, such as a missing buyer reference, do not matter for VAT. Corrections are made with a new e-invoice that refers to the old one.

Fines: what the law actually says

Many write-ups speak of a “penalty” for missing e-invoices. The law says something narrower. Section 26a(2) UStG lists as administrative offences, among others, failing to issue an invoice under section 14(2) at all or on time, and failing to keep an invoice for as long as section 14b UStG requires. Under subsection 3 this can be fined up to €5,000. An offence of “invoice in the wrong format” is not among them.

So anyone who writes no invoice at all or does not keep incoming invoices risks this fine. Whether a PDF that should have been an e-invoice counts as an invoice “not issued” has not been stated expressly, either by the law or by the administration. All that can be said responsibly is: it is an avoidable risk.

Input VAT: the risk lies with the customer

For the recipient, the invoice is the basis of the input VAT deduction. Without a proper invoice the deduction is, in principle, not allowed. The Finance Ministry letter of 15 October 2025 added to the VAT application decree on this point. Under section 15.2a(1a) sentences 12 and 13, the deduction generally remains possible with an ordinary invoice instead of the required e-invoice, as long as the other conditions and the content are right. That is an administrative concession, not a blank cheque: your customer will still ask for a correct e-invoice, and you owe it.

Effects by type of invoice issued, Finance Ministry letter of 15 October 2025.
What was issuedCounts as e-invoiceEffect for the customer
Correct e-invoiceYesNo risk from the form
E-invoice, rule error without VAT relevanceYesIrrelevant, para. 35a
E-invoice, error in a mandatory detailYesNot proper, correct it
XML with a format errorNoOrdinary invoice, para. 6a
PDF or paper despite the mandateNoDeduction generally possible, send the e-invoice

Format errors, rule errors, content errors

The ministry’s distinction follows the technical check. A format error exists if the file does not match the schema and therefore cannot be processed; it is then merely an invoice in another electronic format (para. 6a). A business-rule error exists if the file is readable but breaks a rule of the standard or of XRechnung (para. 6b). Whether that error matters depends on whether it concerns a mandatory detail under section 14(4) UStG, such as the VAT amount or the address.

Finally, a content error can hide in a formally flawless file, for instance a wrong VAT rate. Validation does not find it, and under paragraph 35a it does not replace checking the content either. The small calculator places the error your check reports into one of these classes:

For VAT purposes the file is

For VAT purposes the file is

Proper

Paragraph in the ministry letterRn. 35a
Correct the invoiceNo
Keep the validation reportRecommended
Classify the error in detail →

Correct, do not overwrite

A faulty invoice is not overwritten but corrected. You issue a new document that clearly refers to the original invoice and send it as an e-invoice. The recipient keeps both files, because the first one must not be altered under the retention rules. In practice it is often simpler to cancel the old invoice with a credit note and write a new one with a new number.

Check your files before sending: the XRechnung validator shows each broken rule with its field and identifier, without uploading the file. For the complete check there is the KoSIT validator, which many invoice portals also use. The paragraphs themselves are set out on the Finance Ministry letter on e-invoicing.

Common questions

Is there a specific fine for not sending an e-invoice?

No, the VAT Act has no separate offence for that. Section 26a UStG penalises failing to issue an invoice at all or on time, or failing to keep it, with up to €5,000. A PDF instead of a required e-invoice is not a proper invoice, but whether the tax office would treat it like a missing one is unsettled. The bigger risk lies with the customer’s input VAT.

Does my customer lose input VAT if I send a PDF instead?

In principle the customer lacks a proper invoice. However, section 15.2a of the VAT application decree, as amended by the Finance Ministry letter of 15 October 2025, generally still allows the deduction if the ordinary invoice is correct in content. Neither side should rely on that. Send the e-invoice as soon as the customer asks for it; that removes any doubt.

Is an e-invoice with validation errors invalid?

It depends on the error. If a format error means the file cannot be read, it is not an e-invoice. If it breaks a business rule on a mandatory detail, such as a wrong VAT amount, it is not a proper invoice. If the breach only concerns a technical field like the buyer reference, the invoice remains fine for VAT, according to paragraph 35a of the ministry letter.

How do I correct a faulty e-invoice?

You issue a new document that refers clearly to the original invoice, and you send it as an e-invoice too. The old invoice number belongs in the preceding invoice field. Simply editing the XML file and keeping the same number is not enough, because the recipient must keep the original unchanged.

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