Sign in to follow this  
Followers 0

Married tax code

12 posts in this topic

Posted

Good afternoon. I will shortly be moving to work in germany, my wife will not be joining me. in order to get the married tax code I assume I will need to bring my marriage certificate, can anybody advise me if that is the case, and if it needs to be translated into german and legalised?

many thanks in advance

0

Share this post


Link to post
Share on other sites

Posted

No, as long as your wife doesn't live in Germany, you will be taxed as single.

 

If your wife lives in another EU/EEA country, then she can apply within your tax return to be made tax resident in Germany, but she will then have to tax all her income in Germany, for details please see post no. 5 in Taxation of Gastwissenschaftler.

1

Share this post


Link to post
Share on other sites

Posted

thanks for advice, she does not work and lives within the EU, home looking after kids.

0

Share this post


Link to post
Share on other sites

Posted

Well, at least you are eligible for "doppelte Haushaltsführung", for details see post no. 220 in Filing a tax return.

1

Share this post


Link to post
Share on other sites

Posted

 

No, as long as your wife doesn't live in Germany, you will be taxed as single.

 

If your wife lives in another EU/EEA country, then she can apply within your tax return to be made tax resident in Germany, but she will then have to tax all her income in Germany, for details please see post no. 5 in Taxation of Gastwissenschaftler.

 

Hmmm, I'm a bit confused now. I started a job in Germany in May 2012 and my wife joined me later during the year.

First time I registered at the Rathaus, I told them I'm married, showed marriage certificate (I think, don't remember exactly) and was put somehow into class 3. Also told my employer I'm married and I ended up paying income tax corresponding to class 3 all the time.

 

Will this have any side-effects, like having the Finanzamt notice it when I file my tax return for 2012 and move me to class 1 for the period I was alone here?

0

Share this post


Link to post
Share on other sites

Posted

No, don't worry.

Even if she only registered her residence on 31. December 2012 that is sufficient for you to get the advantages of tax class 3 for the whole of 2012.

 

It's the same for people who only get married at the end of the year: the tax advantages are applied retroactively to the entire year when they do their tax return.

0

Share this post


Link to post
Share on other sites

Posted

I wasn't sure why the OP will be taxed as single in this case... but after a bit of thinking, he says that his wife will not join him (at all I presume) so that's the big difference.

0

Share this post


Link to post
Share on other sites

Posted

well in that case when i arrive i will say she will join me later, situations can change, its not like i am dodging tax, just paying the right amount each month rather than claiming it back at the end of the year.

0

Share this post


Link to post
Share on other sites

Posted

 

well in that case when i arrive i will say she will join me later

 

It doesn't work like that.

 

You will only get tax class III for married people if she is physically in Germany, registers her address here and you then show the Finanzamt her registration certificate (= Anmeldebestätigung).

If the clerk is thorough, he/she will also ask to see her visa and will check whether it allows her to stay long-term in Germany.

 

 

...its not like i am dodging tax, just paying the right amount each month rather than claiming it back at the end of the year.

 

Yes, it would be.

Not that it would work (see above).

 

If your wife does not live here in Germany or does not live in EU, there is no way that the German state will accept you as married, this means that you will never get the tax advantages of being married, neither in your monthly wage deductions, nor in tax return at the end of the year!

 

**********************************

 

What you do get in this constellation are the benefits of doppelte Haushaltsführung (see post no. 220 in Filing a tax return) if you do a tax return, i.e. a one-time lump deduction of 2,160€ for Verpflegungsmehraufwendungen and all the rent and utilities you pay for your flat in Düsseldorf, again as a deduction.

You are also allowed to claim for the money that you send home to your family with the form Anlage Unterhalt, up to 8,004€ per person (wife + parents over 65 that don't have enough income of their own). For details please see this article and post no. 356 in Filing a tax return.

 

All this will mean that you will have a lower taxable income and therefore get some of the income tax that you pay every month out of your salary, back.

1

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now
Sign in to follow this  
Followers 0