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Latest question answered:

Christian Schmidt
Christian Schmidt

Hello Christian, I received a two-year freelance visa here in Berlin and I will be moving to Dusseldorf and registering there next month. I know I will also have to register again with the finanzament there. Questions: Will my steuernummer change? I have to pre-pay taxes as a freelancer but I'm not sure that in waiting for the anmeldung and to register for the finanzament there that I won't be late in paying the quarterly tax if I wait for the new tax office. I also have to change the bank I registered the finanzament with (important because I will likely get back money from government but my account has since changed). Any help appreciated!

by Jennifer Ceaser on 14 May 2018 Read Answer
Christian Schmidt
Christian Schmidt

Dear Christian,

I have a complex and complicated situation.
This question concerns German inheritance tax.
I am a beneficiary, with my 3 siblings, of my sister who died intestate. She has been a resident of Germany for more than 10 years but was not a German citizen. Would we, as foreign non-residents, have to pay inheritance taxes on both her property ( an apt) as well as her assets ( banking and investments)? How long can we wait to make that payment since we have not received the Certificate of Inheritance from the German probate office? She was a citizen of another EU country and I would like to know whether we have to include whatever banking accounts as part of her estate for the German inheritance tax?

Thank and best regards,
nbc

by NBC on 05 Apr 2018 Read Answer
Christian Schmidt
Christian Schmidt

I own an apartment in Germany free and clear. It for my own use only and I derive no income from it. I live there about 4 to 5 months a year. I own it about 3 years. On the Expatia website under “EU Inheritance law for foreigners in Germany.” the article states if I read it correctly that under the 2015 rules on cross border successions I can designate my country, the United States as the law for inheritance tax. I have a will designating my wife to inherit it should I die. I have included the United States as the jurisdiction of the will. It also states “This applies even if you are a non-EU citizen.” From the above it is my understanding, that if I do this the apartment will not be subject to German inheritance tax, but will liable to United States tax laws. Could you please supply me with the official source of this information. It can be in German or in English as long as it is a source that can be quoted and accepted as legal.

by Joseph Goode on 06 Mar 2018 Read Answer
Christian Schmidt
Christian Schmidt

Hi Christian,
I prepare illustrations and finish them for publication -- I mainly do this for archaeologists. The illustrations are to a very high standard. They are quite varied, could be anything from a map to a drawing of something found in an excavation. I believe the work I do could be seen as a 'Freier Beruf'. (I wanted to first find out if there were any advantages to being defined as a 'Freier Beruf', as opposed to being registered as a 'Gewerbe'.)

Re the Rentenversicherung -- I currently do not have to pay it -- I was wondering would that change if my work was considered a Freier Beruf. So again, just wondering where the differences are between that, and being self-employed as I now am.

Thank you for the guidelines offer -- I will send you an email
Regards,
Tom

by Tom on 12 Feb 2018 Read Answer
Christian Schmidt
Christian Schmidt

Hello!
I am self-employed in Germany. (No employees.) It is possible that my work would be accepted as a 'Freier Beruf'.
If so, I am wondering what would the advantages be from a tax point of view?
Note #1 I currently earn very little, am considering giving up being self-employed and am thinking that being a Freiberufler could be a better option.
Note #2 I currently do not *need* to pay Rentenversicherung -- I believe after a certain number of years of payment, it is not compulsory, and they recognised my payments from my previous years (in another EU land).

Deutsch kann ich, aber wenn ich im Netz nach sowas suche, ist es meistens mir zu kompliziert zu verstehe.
Danke im Voraus,
Tom

by Tom on 07 Feb 2018 Read Answer
Christian Schmidt
Christian Schmidt

Dear Christian. I am writing to ask what my position is as regards inheritance tax. My elderly father is British but resident in Germany, married to a German wife. Myself and two siblings are also British and live in the UK. We are not sure what will happen as regards inheritance tax when he dies - will any inheritance be subject to German or British tax?
Also what is the position if our father wants to gift us some money before he dies? Again, will the German or British rules regarding amounts and taxation apply?
Many thanks for your help.

by Gillian Williams on 06 Feb 2018 Read Answer
Christian Schmidt
Christian Schmidt

Hello,

I am an EU national living and working in Switzerland with a B permit.
My future husband is a German national living in Germany and working in Switzerland with a G permit.

If after marriage, he continues living in Germany and I in Switzerland, how would that affect our taxation? Can we be taxed separately in the two countries or will we become jointly taxed in both countries?

If we decide to live in Germany and I work approximately 110km away from the place in Germany, does that entitle me to be able to pay tax in Switzerland instead of in Germany?

Any guidance would be appreciated as we would like to find the most efficient way.

Thank you in advance.

by G M on 20 Jan 2018 Read Answer
Christian Schmidt
Christian Schmidt

Could you kindly clarify a point in the excellent Expatica article on German Inheritance and gift tax.
If I (a UK resident) give to my daughter (who is a German resident) say 300K Euro, the first table says that for a Category 1 person such as a child there is a tax-free allowance of 400K Euro, and the second table says that this gift is taxable at 11%. Earlier it states that both the recipient of the gift and the giver pay tax.
Is the 400K Euro allowance an allowance for the giver and the 11% a tax for the recipient – or what please?
Or more specifically, for a 300K gift to my daughter, who is liable to pay what to the German tax authority?
(I realise that I will also have a UK tax liability for a “potentially exempt transfer’)
Many thanks in anticipation

by Max Stewart on 03 Jan 2018 Read Answer
Christian Schmidt
Christian Schmidt

Asking on behalf of an acquaintance.
He is a German passport holder who is not a resident. He is currently working in Dubai.

He is saving and investing his income with a firm that is domiciled in the Cayman Islands.

He plans on retiring back in Germany and wants to know if the income generated and the maturity proceeds/capital gains of these investments will be taxable in Germany upon his return.

Also, let me know how best to connect with you.

by Kaleem on 13 Dec 2017 Read Answer
Christian Schmidt
Christian Schmidt

Dear Christian,

I started working in Germany in North Rhine Westphalia since July 2017 with tax category 3 as my wife was not working and she had tax category 5.
From December 2017, she has started working in a different city (Hamburg) and shifted there.
Now we both will have to change our tax category to 4 as we both earn equally.
I will travel mostly on weekends to Hamburg. Is there any tax benefit I can claim for this frequent travel? If yes, how and when?

Thank you for your support in advance.

Regards,
Abhishek Katyal

by Abhishek Katyal on 04 Dec 2017 Read Answer

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