"FAQ about German Individual Taxation" Date: 11th May 2012 Time: 3 p.m. Location: MPI-CBG, Atrium
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1 "FAQ about German Individual Taxation" Date: 11th May 2012 Time: 3 p.m. Location: MPI-CBG, Atrium Prof. Dr. Friedrich Vogelbusch WP/StB Certified Accountant/Tax Lawyer Warth & Klein Grant Thornton AG 1
2 300 m 2
3 Agenda 1. What are the income tax rates in Germany? 2. Who needs to report my foreign income in Germany as an Expat? 3. What are the deadlines for filing a German Income Tax Return? 4. How long will it take to receive German tax refund? 5. Are there advantages of hiring a tax lawyer? 6. For the first part of the year I lived and worked abroad, then I moved to Germany. Where do I declare my income as an expat? 7. What expenses can I claim in Germany against my income as an expat? 8. What is Tax Free Allowance? 9. Are fees for tax advise deductible for Expats in Germany? 10.How can I avoid being taxed twice? (e.g. between my home country and Germany) 11.My wife is a freelancer - how about taxes? 12.What is the rate of Capital Gains Tax in Germany? 3
4 Agenda A. General overview of the German individual income tax What are the income tax rates in Germany? What are the deadlines for filing a German Income Tax Return? How long will it take to receive German tax refund? What is Tax Free Allowance? Are fees for tax advise deductible for Expats in Germany? What is the rate of Capital Gains Tax in Germany? B. International individual income tax Who needs to report my foreign income in Germany as an Expat? The first part of the year I lived and worked abroad, then I moved to Germany. Where do I declare my income as an expat? What expenses can I claim in Germany against my income as an expat? How can I avoid being taxed twice? (e.g. between my home country and Germany) My wife is a freelancer - how about taxes? C. Tips and tricks Are there advantages of hiring a tax lawyer? D. Appendix Check lists 4
5 A. General overview of the German individual income tax 5
6 General overview Basics on determination of German Income Tax Tax = assessment basis * tax rate 6
7 General overview Basics on determination of German Income Tax Tax = assessment basis * tax rate tax rate is defined in 32a Individual Income Tax Law (EStG) basic income tax rate (Einkommensteuer) 2 possible surcharges on top of income tax 7
8 Tax Rates What are the Income Tax Rates in Germany? Maximum 45% tax rate for an income from ( Reichensteuer ) Taxrate 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 0% Maximum 42% tax rate for an income from % Tax rate for an income from p.a. 15% Tax rate for an income from Income ) Tax free allowance: for an income below (Singles) 8
9 Tax Rates What are the Income Tax Rates in Germany? German income tax (progressive tariff) Solidarity surcharge: 5,5% on top of income tax Church tax: about 7-9% on top (vary from state to state) Roman Catholic church Lutheran church 9
10 General overview Basics on determination of German Income Tax Tax = assessment basis * tax rate salaries an other incomes from capital and housings are the main components of the assessment basis tax exemptions (Freibeträge) additional expenses (Sonderausgaben) income-related expenses (Werbungskosten) are reducing the assessment basis 10
11 General overview Basic calculation scheme for Income tax: Income from all categories of the German Tax Code (employment and independent personal service) = Total amount of income Special expenses Extraordinary burdens = Taxable income * Tax Rate = Tax amount Tax credits = Tax to be paid 11
12 Overview Other Topics (General processes) Deadlines for filing Income Tax return? How long will it take to get my tax refund? Is it necessary at all, to fill in a tax declaration? 12
13 B. International individual income tax 13
14 B. Principles of international income tax Case 1: Year of moving to Germany Case 2: After the first year of living/ working in Germany Case 3: Year of relocation Case 4: Living in several countries at the same time Case 5: Living in 1 country and working in another 14
15 B. Principles of international income tax Case 1: Year of moving to Germany Received income: being taxed from the source (i.e. MPI) Possible tax exemptions : e.g. stipends! World Income Principle Possibilities to avoid double taxation in DTA: 1. Exemption method (commonly applied in Germany) 2. Credit method (commonly applied in USA & Great Britain) 15
16 Example Mrs Smith: 6 months X = tax rate: 23% Mr Mueller: 12 months X = tax rate: 30% Taxrate 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 0% 23% 30% Income ) 16
17 B. Principles of international income tax Case 2: After the first year of living/ working in Germany Taxation principles are in general the same as case 1 Generally: DTA (with exemption method) 17
18 B. Principles of international income tax Case 3: Year of relocation Taxation principles are in general the same as case 1 18
19 B. Principles of international income tax Case 4: Living in several countries at the same time Definition Meaning of the 183-day period Differences between the fiscal and Australia to Bangladesh to China Iran to Namibia to 28./ New Zealand to Pakistan to the calendar year South Africa to 28./29.02 U.K to USA to India to Mauritius to Sri Lanka to
20 B. Principles of international income tax Case 5: Living in 1 country and working in another If the place of employment is in Germany, you have to fill in this tax form sch.pdf 20
21 B. Principles of international income tax Case 1: Year of moving to Germany Duty for tax declaration ( 3 number 44 Income Tax Act) Case 2: After the first year of living/ working in Germany Case 3: Year of relocation Case 4: Living in several countries at the same time There is no duty for tax declaration, if there is no foreign income and if tax class I (single) or IV/IV (couples). Duty for tax declaration, if you have more than 410 Euro p.a. income in Germany Duty for tax declaration, if you are living more than 183 days in a calendar year in Germany Case 5: Living in 1 country and working in another Same as Case 4 21
22 Overview Other Topics (General questions) 1. Who needs to report my foreign income in Germany as an Expat? 2. The first part of the year I lived and worked abroad, then I moved to Germany. Where do I declare my income as an expat? 3. What expenses can I claim in Germany against my income as an expat? 4. My wife is a freelancer - how about taxes? 22
23 C. Tips and tricks 23
24 C. Tips and Tricks Children and Income Taxation 400 Job What are taxation classes? Are there advantages of hiring a tax lawyer? Where to get information about German tax? Address and opening hours of the Tax Office in Dresden 24
25 Children and Income Taxation Allowances for costs expended on child supervision, education and training, and with child benefit payments. Kindergeld (subsidy) or Tax Free Allowance Kindergeld monthly 1 st Child & 2 nd Child 184 Tax allowance 1 Kinderfreibetrag (Each child) yearly (single) (couple) 3 rd Child th Child, 5 th Child Tax allowance 2 Betreuungsfreibetrag (Each child) yearly (single) (couple) Exemption of kindergarten/ Tagesmutter costs Both parents are working / single parent One of the parents doesn t work Special Expenses yearly Kindergarten 2/3, max
26 400 Job Mini Job Advantages for employee: Gross = Net Advantages for employer 26
27 What are taxation classes? - Taxation classes (tax groups, Lohnsteuerklasse aka Steuerklassen) Class I = single Class II = single parent Class III = married and spouse has no income or lower income Class IV = married and similar income to spouse Class V = opposite of class III, i.e. this is the class your lower earning spouse has if you have III Class VI= for a second job. - Changing the classes 27
28 Advantages an costs of hiring a tax lawyer Help to fill in the forms Letter of attorney: tax lawyer will represent you to deal with the tax office about any tax issues Higher liability if the form is proved by the tax lawyer Difficult cases (e.g. investment on real estate, start up etc.) Fixed range of consulting fee Steuerberatergebühren ordnung 28
29 Information about German Tax 29
30 Link of the Federal Ministry of Finance nnn=true 30
31 Tax Office in Dresden Address: Finanzamt Dresden-Nord Rabenerstraße 1, Dresden Telephone: Office hours: Mon 08:00-15:00 Tue 08:00-18:00 Wed 08:00-15:00 Thu 08:00-18:00 Fri 08:00-12:00 Website:
32 Thank you very much for listening! Agnes Leung Consultant Tax Department Certified Accountant/Tax Lawyer Prof. Dr. Friedrich Vogelbusch Partner Head of Dresden Office Telefon Fax +49 (0) (0) Internet Telefon Fax +49 (0) (0) Internet Tax Lawyer Dipl.Betriebswirt (BA) Sven Fiebig Manager Head of Tax Departement Telefon Fax +49 (0) (0) Internet 32
33 D. Appendix 33
34 List of Deductions and Additional Expenses Deductions Allowance for capital earnings currently at 801 ( 1,602 for married couples) lump sum of (earnings in 2011 or onwards) more details in the check list 34
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