Emigration - Taxes Money Assets: Attention tax office!


Work well, plant 500 trees! We make the working world more humane and ecological, e.g. through our well documented Engagement for Climate Protection. As Book Publisher Best of HR – Berufebilder.de® with a unique Book Concept and eCourses we offer over 20 years of experience in Corporate Publishing - with Clients like Samsung, Otto, Governmental Institutions. From the Top 20-Blogger Simone Janson, referenced in ARD, ZEIT, WELT, Wikipedia .
Copyright:  Artwork created as part of a free collaboration with Shutterstock. ,

Numerous emigration programs on television make you want to live permanently in the distance: Just get away, the better life is waiting. But what are the legal and tax hurdles? It is especially difficult with assets! fortune

Here writes for you:

 

Reinhard Schinkel 58Is Reinhard Schinkel according to Handelsblatt one of Germany's best tax advisors and specialist author for tax law.

  Profile

From the author:

Read


Read


Read


Paradise in low taxation?

Admittedly, the thought sounds very tempting; simply to break off his tents in Germany and start a new life in warmer climates and perhaps even in a so-called low-tax country.

Before the road to the new paradise, however, the legislator has built up some hurdles. On the one hand, this must be skipped. On the other hand, the highest judges of the European Court of Justice put the financial administrations of the countries within the limits.

Example Worker Relocation Switzerland

When moving to Switzerland, for example, the legislators' intention is to pay a tax bill. This means de facto: once German tax liability always German tax liability.

Tip: Text as PDF (please read the instructions!) or to this text complete eCourse Download. Actions or news via Newsletter!

This is always limited to the first five years after the final move, but it still causes great pain in the Brieftasche.

Attention Double taxation!

A German plaintiff did not want to. His labor wage was taxed in Switzerland and should nevertheless be taxed under the Swiss tax - in Germany.

This taxation practice is now being examined before the European Court of Justice.

Sample company move to Spain

But even if you want to move the location not only as a “private person”, but with your company, a fictitious sale is assumed, with the result that the hidden reserves are uncovered.

The Spanish financial authorities would also have taxed the ill-gotten profits in this way, but have also been restricted by the European judges (AZ: C371 / 10).

Tip: Text as PDF (please read the instructions!) or to this text complete eCourse Download. Actions or news via Newsletter!

How can you flag out tax-friendly?

The Spanish laws are comparable with the German regulations. Nevertheless, the legislature does not (yet) need any action.

So how can a “flag out of Germany” be implemented as tax-friendly as possible? There are a few things to consider when it comes to emigration and taxes. For example, when an actual move or relocation takes place. Or your personal tax background.

Attention family bond

In order to understand the tax aspects of emigration, we first have to clarify what emigration or relocation actually means. Because: emigration is not the same as emigration. You no longer want to be based in Germany? In order to achieve this, you have to relocate both your place of residence and your habitual residence from Germany. Specifically, this means:

You must leave Germany with your entire family living in your former household. So it is not enough for you to leave your home country alone and leave your wife and children in Germany. The undesirable result: You are presumed that you still have the food point in Germany because of the close family ties.

Real estate

There are also specific regulations for your home:

Tip: Text as PDF (please read the instructions!) or to this text complete eCourse Download. Actions or news via Newsletter!

  • If they are tenants, the lease must be terminated for a house or apartment.
  • Are you selling your property or renting it at least permanently.
  • They must be economically excluded from spontaneous self-employment!

Attention rentals

The German Treasury also installed a horse-foot here. Rental to close relatives or a temporary rental is not recognized!

  • However, if you only have a temporary rental, you need to search new users for the property just before or immediately after the expiry of the temporary rental contract.
  • If you can not prove these rental efforts, you are advised to provide the living space for your own use. Even the mere possession of a key is disadvantageous!
  • Even the power of one room, for example, with close relatives or friends, leads to the unfortunate assumption that you are still resident in Germany.

Attention Period of stay

They have to stay less than 6 months (183 days) or less than one year in Germany for exclusive visits, recreation and spa stays. Attention!

The current case law has further exacerbated the requirements: even the regular overnight stay for several days a month can lead to an ordinary stay in Germany, even if you do not live an 183 days in one piece here.

Short term stays in Germany

Short-term interruptions of the stay in Germany are not taken into account and are counted as a cohesive stay.

It is not only the “weekend trip to your new home that is considered short-term! A period of three to four weeks can be regarded as short-term (e.g. annual leave abroad).

Tip: Text as PDF (please read the instructions!) or to this text complete eCourse Download. Actions or news via Newsletter!

Unwanted tax liability in Germany

All these points must be observed, so that a change of residence according to German tax law has actually taken place.

Otherwise, even if you are staying for more than one year, you will continue to be resident in Germany with the undesirable consequence of the comprehensive German tax liability with your world income.

What about your assets?

Before you finally break up your tent in Germany, you have to deal with the existing assets and, if necessary, rearrange them. Why?

The catchphrase here was: “essential economic interests”. If these continue to exist in Germany, financial management tools are used to secure German tax revenue.

Extended limited tax liability

In Germany, they are subject to extended restricted tax liability. What is meant by this?

Tip: Text as PDF (please read the instructions!) or to this text complete eCourse Download. Actions or news via Newsletter!

  • The personal requirements are German citizens
  • in the last ten years at least five years unlimited taxable in Germany
  • Move into a low tax country or in a foreign country. Low-tax countries are already countries where the tax rate is thirty percent lower than in Germany.

Technical requirements

The material requirements (essential economic interests) are:

  • You are involved in a corporation with at least 1% or
  • You are still involved in a partnership (not as a limited partner) or
  • You are a limited partner and receive more than 25% of the profit

Too much German wealth?

But too much German wealth can have unpleasant consequences:

If you still have assets exceeding 30% of your global assets or 154.000 Euro in Germany, you will also be subject to the extended limited tax liability as well as your income from Germany more than 30% of the world income at least 16.500 Euro in any case with more than 62.000 Euro exceed.

What can you do?

There is hardly anything to be done about the personal requirements, but very much on factual obstacles imposed by the German financial administration.

  • So, before you finally say goodbye to your homeland, you should divest shareholdings in corporations greater than 1 percent, or give them away as part of the anticipated succession.
  • The same applies to a participation in a private company if they are fully liable. Risk of further taxation exists for limited partners only (as a limited partner) if you receive more than 25% of the profit distributions.
  • The restriction of the earnings reference can also provide for a relaxation in the new home country.

If you now also manage your assets according to the requirements of the German treasury, you can not stand in the way of a decent evening of life, at least tax-free.

Tip: Text as PDF (please read the instructions!) or to this text complete eCourse Download. Actions or news via Newsletter!


More knowledge - PDF download, eCourse on demand or personal advice


Offline download: Download this text as PDF -  Read usage rights, Because we do not automatically submit the title of this text for privacy reasons: When buying in "interests" the title register if support is needed. After buying text exclusively Download at this URL (please save).

3,99 Book now


Your eCourse on Demand: Choose your personal eCourse on this or another desired topic, As a PDF download. Up to 30 lessons with each 4 learning task + final lesson. Please enter the title under "interests". Alternatively, we are happy to put together your course for you or offer you a personal regular eMailCourse including supervision and certificate - all further information!

19,99 Book now


Consultant packages: You want to increase your reach or address applicants as an employer? For these and other topics we offer special Consultant packages (overview) - For example, a personal phone call (price is per hour).

179,99 Book now



You want to comment here? Please the Debate Rules comply, contributions must be unlocked. Your eMailAddress remains secret. More information on the use of your data and how you can counter this can be found in our Privacy Policy.

  1. To follow debate on this post
  2. All debates follow
  1. Mario

    I think that is a very important topic, because I want to emigrate next year. Thanks!

  2. Margaret

    Thanks for the great, helpful contribution!

  3. Competencepartner

    Emigration & taxes - 3/3: Attention assets !: Part 2 of the series of articles dealt with… #Beruf #Education

  4. Competencepartner

    Emigration & taxes - 3/3: Attention assets !: Part 2 of the series of articles dealt with… #Beruf #Education

  5. voice network

    RT @Berufebilder: Emigration & taxes - 3/3: Attention, wealth! -

  6. Simone Janson

    Emigration & Taxes - 3/3: Watch out for your wealth! -

  7. Simone Janson

    Emigration & Taxes - 3/3: Watch out for your wealth! -

  8. Berufebilder

    Emigration & Taxes - 3/3: Watch out for your wealth! -

  9. Berufebilder

    Emigration & Taxes - 3/3: Watch out for your wealth! -

  10. Competencepartner

    Emigration & Taxes - 2/3: What counts as a change of residence ?: About the tax aspects ... #Profession #Education

  11. Simone Janson

    Emigration & Taxes - 2/3: What is considered a change of residence? -

  12. Berufebilder

    Emigration & Taxes - 2/3: What is considered a change of residence? -

  13. Tanya

    RT @jobcollege: Emigration & Taxes - 1/3: Nothing like gone ?: Numerous emigration programs on television with… # B…

  14. Competencepartner

    Emigration & Taxes - 1/3: Nothing like getting away ?: Numerous emigration programs on television with… #Beruf #Education

  15. Simone Janson

    Emigration & Taxes - 1/3: Let's get away? -

  16. Berufebilder

    Emigration & Taxes - 1/3: Let's get away? -

Post a Comment

Your email address will not be published. Required fields are marked with * .

Ja, I would like to be informed about the latest promotions and offers via Newsletter be informed.

I hereby accept the Debate Rules and the Privacy policy with the possibility to contradict the use of my data at any time.