Common gaps
What slips through in a small business
When you drive yourself, take calls on the way and run Uber and Bolt side by side, writing things down is the first thing to go. These gaps show up in any audit:
- Orders by phone or WhatsApp with no recorded time of receipt
- App trips never matched against your own records
- Order notes thrown away after a year, while the tax office expects at least 6
- Private trips missing from the log – the tax authorities only accept a trip log that shows every trip in order
Why minutes matter
The Federal Court case of 3 June 2026
Germany's Federal Court of Justice (BGH) upheld the return-to-base rule (I ZR 123/25). A subcontractor's car doing Uber X trips waited at Breslauer Platz in Cologne from 10:10 to 10:22 on 19 January 2023. A test order at 10:13 was accepted and immediately cancelled. A Cologne taxi cooperative won its injunction.
The lesson: if you can show to the minute when an order came in and whether the car went back afterwards, you are on much firmer ground.
BGH press release no. 100/2026 · Source (German)
What poor records can cost
If the individual records are not in order, the tax office may estimate your revenue. Breaches of the recording or retention duties can be fined as an administrative offence under § 379 AO, up to €25,000. Repeated or serious breaches are reported to the licensing authority that issued your Konzession.
Leaflet for Mietwagen businesses, MV finance ministry · PDF (German) · § 379 AO