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You are here: Home Moving to Getting Started Ask our lawyer: Challenging the authorities

23/01/2006Ask our lawyer: Challenging the authorities

Does someone born during WW2 in Nazi-occupied territory have the right to German citizenship? Can you bring a laptop bought in India into Germany without paying VAT? And will the German authorities let you build an 'earthship' on German soil? Expatica's resident lawyer Csilla Ivanyi answers your questions.

 

Harry Winterbottom writes:

An Indian colleague of mine recently bought a laptop in India and brought it back into Germany, through the 'nothing to declare' channel. He was stopped and questioned. He has now received a 'Straffsettel' for Euro 250.

The laptop was bought in a regular shop in India not in a duty free type store. Can you tell me whether he is permitted to bring in a laptop and how he can avoid paying the fine?

___________________

Dear Harry,
 
You can go through the "green channel" if your permanent place of residence is not in Germany. If so, German tax authorities are entitled to charge you with VAT import tax, because added value should be taxed in the state of the consumer. That's why it does not matter whether you paid VAT in India or not. If you have your place of residence in Germany, you would have been entitled to claim VAT refund in India.
 
For final opinion please provide us with the corresponding documents and turn to one of our tax lawyers.
 
Best regards,

Csilla Iványi  

____________________

Sam writes:

My mother-in-law was born and raised in Germany until about age 15 (she's now 63). She never had a German passport, however, as she was born during WWII (1942), she spent time in detention camps, she briefly lived in Greenland, and her American passport (she's now a naturalized citizen) says that she was born in Lithuania. Can her daughter (my wife) potentially become a German citizen? If so, how does that affect German citizenship possibilities for her husband (me) and our now unborn child (we're expecting in June)? Thanks in advance for your assistance.

____________________

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