What tax implications should I consider for a partial stay abroad?
If you only had a temporary residence in Germany during the tax year, you must provide the relevant information here. This applies if you moved away from Germany or returned/moved to Germany.
In this case, income earned in Germany after moving away or before moving to Germany is included in the assessment. Income earned abroad after or before this period is not taxed in Germany. However, it is included in the calculation of the tax rate (progression clause) and thus leads to a higher tax rate for taxable income.
(2022): What tax implications should I consider for a partial stay abroad?
What conditions must be met to apply for unlimited tax liability?
If you have neither a residence nor a habitual abode in Germany, you can apply to be treated as fully liable to income tax (fictive unlimited tax liability).
The conditions for this are:
- You are a natural person.
- You have domestic income.
- At least 90% of your income in the calendar year is subject to German income tax, or the income not subject to German income tax does not exceed the tax-free allowance. The tax-free allowance in 2021 is 10.347 Euro for single persons and 20.694 Euro for married couples. The tax-free allowance may be reduced according to the country group classification of the Federal Ministry of Finance.
- You prove the amount of income not subject to German income tax with a certificate from the relevant foreign tax authority. For this purpose, you must submit the form "Certificate EU/EEA" or "Certificate outside EU/EEA" together with your tax documents.
(2022): What conditions must be met to apply for unlimited tax liability?
What regulations apply to civil servants working abroad outside the EU?
For civil servants and public sector employees residing abroad, the following rules apply:
- Individuals with unlimited income tax liability also include German nationals who (1) do not have a residence or habitual abode in Germany and (2) are employed by a German legal entity under public law and receive wages from a German public fund, as well as household members who are German nationals or have no income or only income that is exclusively subject to income tax in Germany. This includes all persons with diplomatic or consular status.
- Upon application, individuals who do not have a residence or habitual abode in Germany are also treated as having unlimited income tax liability, provided they have German income as defined in § 49. This includes persons without diplomatic or consular status who apply to be treated as having unlimited tax liability (§ 1 para. 3 EStG). Only if the residence is in an EU/EEA state are they entitled to both personal and family-related tax benefits.
(2022): What regulations apply to civil servants working abroad outside the EU?
I worked as a harvest worker in Germany. How can I get a refund of the withheld income tax?
If you were in Germany only temporarily and not for a continuous period of more than 6 months, you are subject to limited income tax liability in Germany for the relevant calendar year. Income tax is generally settled through wage tax deduction.
However, you can apply for a refund of the wage tax if the income earned in Germany accounts for at least 90% of your total income or if your income not earned in Germany in 2021 does not exceed 9.744 Euro (possibly reduced according to country group classification by one, two or three quarters).
(2022): I worked as a harvest worker in Germany. How can I get a refund of the withheld income tax?
When is it advisable to apply for unlimited tax liability?
Individuals who live abroad and earn and pay tax on the vast majority of their income in Germany can apply to be treated as fully liable to income tax in Germany under certain conditions (so-called cross-border commuters according to § 1 para. 3 EStG).
Whether this is possible depends solely on certain income limits:
- The domestic income taxed in Germany must account for at least 90% of the total income (relative limit). Or
- the foreign income not taxed in Germany must not exceed the tax-free allowance (absolute limit). The tax-free allowance in 2020 is 9.744 Euro for single persons and 19.488 Euro for married couples.
The advantage of unlimited tax liability on application is that, unlike with limited tax liability, you can claim all personal tax benefits as well as a whole range of family-related benefits. This includes, for example, the tax deduction for pension expenses, special expenses, extraordinary burdens.
There is a special advantage if you are a citizen of an EU/EEA member state and your spouse or child resides in an EU/EEA member state. It is not necessary for the spouse to also be a citizen of an EU/EEA member state. In this case, you can also benefit from family-related tax advantages: These include joint assessment with the splitting tariff or income tax deduction according to tax class III, the doubling of marriage-related allowances and maximum amounts such as the special expenses allowance, maximum pension amount, saver’s allowance, and the relief amount for single parents.
(2022): When is it advisable to apply for unlimited tax liability?
What are family-related tax allowances?
Individuals residing abroad who earn and pay tax on the vast majority of their income in Germany can, under certain conditions, apply to be treated as fully liable to income tax in Germany (so-called cross-border commuters according to § 1 para. 3 EStG).
If you are a citizen of an EU/EEA member state and your spouse or child resides in an EU/EEA member state, you can benefit from family-related tax advantages:
- Joint assessment with the splitting tariff or wage tax deduction according to tax class III.
- Doubling of spouse-related allowances and maximum amounts: special expenses allowance, maximum pension amount, saver’s allowance.
- Relief amount for single parents. Maintenance payments to the divorced or separated spouse within the framework of real splitting.
If you wish to be treated as fully taxable from the beginning of the year or the start of employment, apply for a "Certificate under § 39c para. 4 EStG" from the employer's business premises tax office and present it to the employer. This certificate includes the relevant tax class, the number of child allowances, and, if applicable, a wage tax allowance. To apply for this certificate, use the "Application for wage tax reduction" and attach the "EU/EEA cross-border commuter annex".
In this annex, you must provide your expected domestic and foreign income and, if applicable, that of your spouse, and have it confirmed by the tax authority of the country of residence. You must enclose the "EU/EEA certificate" with your income tax return: This form requires you to declare the income taxed abroad - including that of your spouse - and have it confirmed by the tax authority of the country of residence.
(2022): What are family-related tax allowances?