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computing. The failure to observe the pertinent regulations can quickly
lead to substantial risk (including financial risk).
Invoicing and tax requirements are initially generic and technology‐agnostic,
so, there are no special considerations relating to requirements for ordering
of Cloud computing. However, attention should be paid to the following
points:
Documentation, retention and accounting duties
Tax deductibility of costs for Cloud computing
Issues relating to business premises in Cloud computing
VAT‐related consequences
Duty to keep accounts and retain records
A business owner can procure various services by means of Cloud
computing. Starting with storing or processings individual business cases, or
billing and outsourcing the accounts data, through to handling of complete
IT‐based business processes.
The business owner must insure that billing data are reflected completely,
correctly, in good time, in a traceable manner and immutably in his/her
accounts or on his/her IT systems. In addition to this, the business owner
must ensure permanent auditable, electronic archiving. In addition to this, it
needs to be clarified in advance whether or not it is permissible to process
this data off premises. This applies in particular to cases where the original,
fiscal‐law related accounts data will be processed and retained abroad and
where domestic fiscal law has strict requirements relating to this.
As a general rule, accounts must be designed to fulfil the requirements of
orderly book‐keeping. In particular, to allow an expert third party (e.g.
auditor) to gain an overview of the transactions, and ascertain the position
of the enterprise, within a reasonable time. Business cases must be
traceable in terms of origin and processing. An entry or record must not be
modified such that its original content is no longer ascertainable.
Where books and other required records are kept on data carriers, it must
also be ensured that the data is immutable, immediately available and can
be made legible throughout the entire retention period.
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An expanded version of this chapter can be found under
