Period of validity of a search warrant

21 posts in this topic

Posted

We have been paying taxes paye in the Netherlands and living in Germany but we got raided & every paper, file, receipt, letter, computer,USB , cd were all taken away. Apparently will take 6 months before we get back our things. The accountant is sure we are not required to pay Germans income tax as well. Interestingly the warrant was issued 2 months prior to the raid . Can someone please confirm the period of validity of a search warrant in Germany? In Australia it is 7 day, in the us between 10 & 14 days & the uk up 1 month. Thanks in advance

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Posted

Thanks for the reply ... 6 months is a lot longer than other countries . They have not found anything criminal as yet so I'd say that at best they will look for an old tax filing compliance issue or the difference in tax between the 2 countries. Still a waste of time & money given the wages I earn. Btw there is a dual tax treaty between netherlands & Germany & over 20 colleagues who don't file taxes in Germany but live there.... I have a lawyer .... Charges every time you call him. ...do you know any human rights lawyers? I'd like to take a pop at these guys - they love to target foreigners who were once self employed!

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Posted

Well I don't dodge taxes & don't live in munich anymore, but across the border on the German side ....Income tax is deducted at source as is normally the case in most countries that I know.... Not sure therefore what you expect? I do spend my taxed money in Germany& pay them to collect my rubbish etc..There is a cross border cooperative with Germans & Dutch that work in each others countries, over 300 members, no one has heard of this... Kind of the idea of the eu I would have thought .... Unless you have a different impression that I ought to know about

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Posted

Btw DDBug: if the German tax man is so impressive how come they never got Starbucks to pay taxes? www.thelocal.de/money/20121105-45981.html article says that starbucks has never paid taxes in Germany ... I think the German taxman loves to pick on the weak ... In my case in was 7 guys ... Total cost to the exchequer can never cover whatever it is that they might manage to scrape out of me... Might be more impressive if they went after the big fish... But that might take too much courage

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Posted

You live here, you have to pay (at least file) taxes here. I don't know any more than that.

Well, unless you're American, in which case no matter what you have to file there as well.

I'd get a good steuerberater if I were you. Good luck.

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Posted

Upon googling, I found that you may not be in totally deep shit, as there is an agreement for Grenzgänger:

http://www.euresrheinwaddenzee.info/cms/publish/content/downloaddocument.asp?document_id=202

However, you probably haven't been completely above board. It looks like for the income from your work in NL, you will indeed only need to pay the tax there (so there is a tax advantage to be had from doing it). I don't understand it fully, but it looks like the total amount is still defined by Germany, and you definitely need to file here, including any other income you may have, if one partner works in Germany, if you have investments, a rental property, etc..

So, you may receive some invoices for backpayments, but no double taxation, or even German tax rates on the income from NL.

Your comments that they only go for the weak, though, are ridiculous. They go for those who are clearly not adhering to the applicable laws. Most of us on here are small fish - should we all get out of paying the full tax amount? (cos if you can get that one through, I'd love to profit from it). It sounds like you are already profiting from the Grenzgänger ruling.

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Posted

Ruapehu: "so there is a tax advantage to be had from doing it" assumes that taxes in NL are lower... I believe it to be higher! Your profile says you re British/ kiwi ... But of German extraction? A half German friend of mine recently explained to me the German mentality as being one that is "Guilt " based & went on to explain that that was the reason for Hilter's success in manipulating the Germans against the Jews. That for once made sense to me & explained alot. So either you're German or a lot of that mentality has somehow crept in.... In fact a lot here seem to have that mentality... Btw how do u explain "where you do you live" if it's more than half your time in a week...then I don't live in Germany. 39% income tax is high ....the greed to dig out gold in once teeth is a mentality best changed in the Germans, given where it all ended up the last time.

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Posted

Wow! Only nine posts for a Godwin in a thread about taxes. Is that a record?

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Posted

I feel a flounce coming on...

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Posted

There are some good and very active institutions sponsored by the EU available to help you here (though you may want to change your tone and attitude a wee bit before you contact them, just an idea...):

http://www.eures-emr.org/de/gesetzliche-regelungen/das-steuersystem/64-ou-dois-je-payer-mes-impots.html

From the German text of their brochure it says this, if you are truly to be considered a Grenzgänger (which is the first question that needs to be determined in full, legally):

Steuern

Sie müssen die Einkünfte aus Ihrer Beschäftigung in den

Niederlanden versteuern.

Vor Arbeitsaufnahme müssen Sie beim niederländischen

Finanzamt (belastingdienst) eine BS-Nummer

(burgerservicenummer) beantragen. Eine vorherige

telefonische Terminvereinbarung ist erforderlich. (Tel.Nr.:

+31 555 385 385) Über die BS-Nummer werden vom

niederländischen Finanzamt die Steuern und

Volksversicherungsprämien einbehalten. Außerdem

erhalten Sie vom belastingdienst eine

loonbelastingverklaring, die Sie ausfüllen und Ihrem

Arbeitgeber geben müssen.. Falls Sie im laufenden Jahr in

beiden Ländern gearbeitet haben, müssen Sie auch in beiden

Ländern am Ende des Jahres eine

Einkommenssteuererklärung abgeben. In den Niederlanden

muss die Steuererklärung bis zum 01.04. des Folgejahres

erfolgt sein.

Zuständig für deutsche Grenzgänger ist das Team GWO in

Maastricht. Dessen kostenlose Grenzgänger-Hotline (Siehe

unten) steht Ihnen für spezielle steuerrechtliche Fragen zur

Verfügung.

You may want to contact this TEAM GWO in Maastricht to get their specialized info and advice. You can find them here:

Der Kunde kann auf unterschiedliche Arten mit dem Team GWO in Kontakt treten.

1. Telefonisch. Über die folgenden kostenfreien Telefonnummern ist das Team GWO von

Montags bis Freitags zwischen 8.00 und 17.00 Uhr erreichbar:

Aus den Niederlanden: 0800 024 12 12

Aus Deutschland : 0800 10 11 352

Aus Belgien : 0800 90 220

Eine Ländervorwahl ist nicht erforderlich

If you are really and fully employed (with social welfare contributions, health insurance etc) in NL, I would normally also assume that you are liable for taxes mainly there _ though I have read you have to file for taxes in both countries, Germany and NL.

If you are self-employed/freelancing, then the rules are clear: you pay your taxes and social welfare contributions where you live, i.e. in Germany. Since I don't know your status, I am not sure to which group you belong. And obvisouly there are a number of loopholes and problems in international taxation or how German tax authorities views certain issues, that you might still be liable for some tax declaration and even payments in Germany.

But this Team GWO should be able to help you as they deal constantly with this issue.

Cheerio

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Posted

Starshollow: will call them up. As said many times I am employed, taxed, social security paid, health insurance & even annual tax declarations made in the Netherlands.btw It is almost impossible to be a freelancer in the Netherlands & Switzerland. The flat was 150 euro cheaper on the German side of the border so I took it, but what a folly it has turned out to be...

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Posted

[adminmerge][/adminmerge]

Over thirteen months ago our flat was raided and several boxes of mostly very personal items were taken by the Dusseldorf Tax Police. None were itemised except in the vaguest terms to say 2 boxes of blue folders, one box of papers, one red bag etc. I was able to recover the phones & computer hard disks after 2 month & after two more months some of my educational certificates but they are rufusing to return or tell me where my other things are. They have not made any correspondances in over 9 months. I complained to NRW Finanzministerium & they wrote back agreeing to an official investigation but 3 months on they say by phone that the tax office are yet to respond. The lawyer says he does not want to push them in case in adversely affects his business & says that I must wait as they have the right to keep it for as long as they deem fit & that there is nothing I can do. For the last 13 months I have been on unemployment benefit (paid by the Dutch here in Bayern & which runs out soon) & therefore cannot afford much.I have tried to get help through kostenlos helfe but everyone it would seem is afraid of the finanzamt or maybe they see me and see a Schwartz Ausländer (not that I ever dare call the Germans racist). The Bavarian tax office hinted that I try the Kleve Tax office in NRW but they seem to suggest that it has moved to another office but where no one seems to know??? The items seized are extremely personal & private and span well over 30 years & include letters, photographs, credit cards, medical items, syringes, nationality documents, birth certificates, marriage cerificates, some educational qualifications etc.

Like many here I came to mainland Europe to earn a living & I hope that at least some of you can emphasise with that & try & help me in a constructive manner, without the usual high horsed comments that I had to be wrong that is why they did this that & the other! Thanks in advance!

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Posted

I think in your shoes I would feel like going to the police if someone took my birth certificate, marriage certificate and nationality documents and retained them without an indication of when they would be returned. Can't imagine that can be legal. Your lawyer sounds more interested in his own business than in yours. I'd be looking for another.

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Posted

Many thanks for the info, Starshollow: will call them up. As said many times I am employed, taxed, social security paid, health insurance & even annual tax declarations made in the Netherlands.btw It is almost impossible to be a freelancer in the Netherlands & Switzerland. The flat was 150 euro cheaper on the German side of the border so I took it, but what a folly it has turned out to be...

Fixed that for you happyradio.

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Posted

Unless OP is German, if his identity papers have been taken and are being withheld, OP needs to contact his home country's embassy for support. If OP is a Dutch national, even the Munich consulate may be able to provide assistance: OP would be unfairly forced into a criminal act, because OP requires official ID to be in his home country (let alone travel there by air).

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Posted

Unfortunately for the reputation of all Brits, in his/her profile the OP claims to be British

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Posted

I'm with optimista in thinking that if your lawyer is afraid of contacting the Finanzamt, you need to get a new lawyer stat. You also received lots of good advice after your initial posting and don't seem to have followed much of it, if any. I dare say it's still as relevant now as it was then.

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Posted

For those of you to whom I have failed to articulate this properly - I am too broke to find a new lawyer! We hired a person for a lump sum who came highly recommended to us ingendahlDOTde but in our case he has failed to deliver,perhaps, in part, due to my inability to speak his language & also possibly due to the irregularities on the part of the tax police.

A kind appeal again to the few remaining expat TT's out there - if you know or know of someone that can help with:

1. the attached - is it a legal procedure that they have started?

2. Is there a time-bar on us being able to challenge what they have done?

3.Is it true we cannot do anything till they have completed the investigation & there is no time limit? - we also asked michaelDOTkleine-cosackDOTde he also said that that was the case but I find it hard to believe it.

3.Anything we could do to force them to hand over our personal items?

post-14614-13869409713439_thumb.jpg

To: AncientBrit - Thanks! Re British - not sure why unfortunately??? I have always been proud of & grateful to be British... The 1st time I flew into Munich I thought it odd that people were falling over to get ahead of me for the immigrations checks but several trips later I realised as to why. Since then I take my British EU biometric passport & queue for the "none EU" booth & always get waived through. Whenever I have ventured back to the EU queue things have always been lot worse & clear to me at least as to what they are trying to say (not that I'd dare call the Germans racist or anything like that)

Thanks in advance

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