OMS Retail - your inventory in safe hands

Legally compliant inventories

Incorrect stocktaking can result in considerable tax disadvantages and fines. OMS Retail takes over your inventory completely - professionally, in compliance with the law and with maximum transparency.

This ensures compliance with all regulations and relieves your internal resources.

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Mitarbeiter OMS Retail Einzelhandel Inventurgesetz

1. what does the inventory obligation cover?

The obligation to take an inventory is firmly anchored in German commercial and tax law. § Section 240 HGB obliges merchants to draw up an inventory at the start of trading and at the end of each financial year. Companies must therefore record their inventory annually on the balance sheet date. § Section 141 of the German Fiscal Code (AO) also stipulates when an obligation exists under tax law. Other HGB regulations, such as Section 241a, provide relief for small companies.

The inventory obligation ensures proper bookkeeping. All assets and liabilities must be fully recorded and valued, and the inventory must be kept for ten years. Violations are considered a breach of accounting regulations and can result in penalties.

§ 240 HGB Inventurgesetz und -pflicht Deutschland
Information

A specialized inventory service provider ensures precise, legally compliant inventories, minimizes errors and liability risks and relieves companies through structured processes and clear documentation.

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2. consequences of violations of the inventory obligation

Companies that neglect their stocktaking obligations or make gross errors can expect considerable consequences. Inventory is a central component of accounting - if inventory data is missing or implausible, the reliability of the entire annual financial statements is called into question. Below are some examples of what companies can expect if they fail to comply:

Federal Fiscal Court Munich, Ref. IV R 48/17, (30.01.2020)

The Federal Fiscal Court ruled that an incomplete or incorrect inventory entitles the tax office to estimate the inventory because the bookkeeping is no longer correct. Such an estimate generally leads to a higher tax assessment base, which is financially disadvantageous for the company.

In other words: Anyone who does not submit an accurate inventory must expect the tax office to estimate the profit upwards to the detriment of the business.(Source : kanzlei-herfurtner.de)

Cologne Higher Regional Court, Ref. 18 U 190/22, (02.05.2024)

The Cologne Higher Regional Court ruled that a managing director is personally liable if inadequate inventories and bookkeeping lead to significant stock shortages and financial losses. Such omissions violate the duty of care of a prudent businessman and can have serious legal consequences.

In other words: Anyone who fails to carry out inventories properly must expect personal liability and considerable financial disadvantages.(Source : buse.de)

Hamburg Regional Court, Ref. 328 O 87/15, (23.09.2016)

The Hamburg Regional Court ruled that a company loses its claims if an inventory and bookkeeping are so inadequate that significant inventories are not documented in a comprehensible manner. Missing evidence violates the commercial duty of care and undermines the credibility of the bookkeeping.

In other words: Those who fail to inventory stocks correctly and transparently not only risk legal disadvantages, but also the loss of important claims.(Source : streifler.de)

Gestresster Händler am Schreibtisch – Unsicherheit durch rechtliche Risiken bei der Preisauszeichnung mit Papieretiketten gemäß PAngV

3. own inventory: high error rate, considerable risk

Many retailers carry out inventories internally in order to save costs - but there are considerable risks involved. Incorrect stock data and inventory discrepancies due to theft, damage or input errors can result in incorrect financial reports and poor strategic decisions. Inadequate documentation and a lack of process controls also increase the risk of compliance violations.

The consequences for accounting are particularly serious: the tax office can estimate profits, reject documents or even take legal action. Without standardized processes, trained specialists and complete evidence, the legal risk increases significantly.

Employee conducts random inventory of frozen goods using scanner

4 Avoid legal risks with specialists

Inventories carried out in-house are associated with increased effort and legal risk - for example due to errors, missing documentation or a lack of process reliability. Professional stocktaking service providers such as OMS Retail, on the other hand, have many years of experience, standardized processes and modern technology.

They guarantee a legally compliant inventory that meets the requirements of tax authorities and auditors:

Experienced specialists & standardized processes

Specialized service providers carry out inventories on a regular basis and thus develop a well-established routine. In comparison, internal teams usually only carry out inventories once a year, which means that experience and processes are often lacking. This significantly reduces the error rate - in favor of accuracy and compliance.

Efficient implementation thanks to modern technology

By using specialized software and scanning technology, inventory data can be recorded quickly, accurately and transparently. Automated data capture minimizes manual input errors and increases documentation quality.

Outsourcing enables greater efficiency and accuracy

Outsourcing stocktaking to external service providers significantly reduces internal costs and the potential for errors. In addition, specialized providers guarantee a reliable database for financial reports and audits.

Specialization in procedures such as inventory sampling

Specialist providers not only take care of the actual counting, but also the planning, balanced sample selection, documentation, results analysis and coordination with auditors or tax consultants. The result is a comprehensive, audit-proof process.

With a specialized partner like OMS Retail, your stocktaking will not only be more efficient - you will also minimize legal risks. Standardized procedures, technical know-how and professional implementation ensure that your stocktaking is secure, transparent and audit-compliant.

This puts you on the safe side legally and at the same time frees up valuable resources for your core business.

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5. invest in legally compliant inventories with OMS Retail

An incorrect or incomplete inventory can result in considerable tax disadvantages, fines and legal risks. Professionally organized inventories create security and transparency for companies of all sizes. Instead of time-consuming in-house inventories, an external service provider offers an efficient and legally compliant solution: all inventories are fully documented and prepared in a comprehensible manner.

OMS Retail supports companies as a full-service partner through all project phases - from planning to implementation and follow-up. With over 20 years of experience and a team of experts operating throughout Europe, we ensure standardized processes, precise results and an audit-proof inventory. In this way, companies gain valuable resources and minimize legal and financial risks.

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Looking for an inventory service provider?

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Book your full-service inventory now and gain a reliable partner who will take the pressure off you in the long term. Give us a call or use our contact form for a personalized offer and you and your store network will benefit from our full service for a fast and efficient inventory in the future.

Sebastian Warnsmann – Ihr Ansprechpartner bei OMS Retail für Inventur- und ESL-Dienstleistungen

Your direct contact to us!

Mr. Sebastian Warnsmann will also be happy to advise you personally.

E-Mail: info@oms-retail.com
Phone: +49 (0)511 / 515 283-0