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14,102 Awesome with awesome sauce

About PandaMunich

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  • Location Munich
  • Nationality German
  • Gender Female
  • Year of birth 1974
  1. German Capital Gains Tax on Overseas Property

    The answer depends on various things, one of the things being the statues of your LLC, because dependent on the statutes (and some other factors), your LLC may be classified as either a Kapitalgesellschaft or a Personengesellschaft:  So there is no simple answer, the only correct answer is: it depends.
  2. German Capital Gains Tax on Overseas Property

    Nope. The 10 year rule only applies to private investments in real estate (see the "Private Veräußerungsgeschäfte" in §23 (1) EStG?), not to business investments like yours.  
  3. Recommendations for a 3-6 month stay in Germany

      Nah, I'm more of a Trekkie.
  4. Recommendations for a 3-6 month stay in Germany

      Well, I did win the library prize at my school (as well as a form prize, of course ), so if I hadn't gone into engineering, who knows, I may have become a librarian 
  5. Recommendations for a 3-6 month stay in Germany

      Sadly, he didn't post the end to his story, but I assume his cataract surgery went well, otherwise he wouldn't have been looking 10 months after the "cataract" thread into how to replace his UK driving licence by a German one:      
  6. Taxation on gifts from family

    Because these are Steuerklassen under gift/inheritance tax law, not the Steuerklassen you know from being an employee under income tax law. As a "child" of your parents, you're gift tax gift-Steuerklasse "I Nr. 2": (1) Nach dem persönlichen Verhältnis des Erwerbers zum Erblasser oder Schenker werden die folgenden drei Steuerklassen unterschieden: Steuerklasse I: 1. der Ehegatte und der Lebenspartner, 2. die Kinder und Stiefkinder = children and step-children     No. They talk about "children" that are tax class "I Nr. 2", i.e. biological/adopted children and step-children. And then they talk of children of the above children. For example, if you had had a child and you had died, your child would be allowed to get 400,000€ from each of your parents (= his/her grandparents) tax-free every 10 years.   As long as you live, your child can only get 200,000€ from each of your parents (= his/her grandparents) tax-free every 10 years: 3. der Kinder der Kinder im Sinne der Steuerklasse I Nr. 2 in Höhe von 200 000 Euro;
  7. Recommendations for a 3-6 month stay in Germany

    There is a thread by another dual citizenship "German" returnee in your age group, who ended up renting an apartment in Dresden in this hotel (I think) for a year:   Here's his thread (just click on the blue thread title and it will take you right there):       
  8. Tax return questions and errors

    Write an Einspruch, which has to reach the Finanzamt within 1 month+3 days of the date written on the Bescheid. And attach the proof for the deducted source tax.   And in the future, try to follow the existing instructions exactly: If you had, you would have seen the entry "Fill in foreign tax from investments held in non-German banks, i.e foreign tax that hasn't yet been considered." which in the 2012 form explained in the above linked post is the line with the German text "Anrechenbare noch nicht angerechnete ausländische Steuer", which is line 52 in the 2018 Anlage KAP:   Regarding question 2, the correct answer would have been "Ja", which is what the Finanzamt changed the entry to, since they saw that you're an employee. The "Ja" means the reality, that you paid only half the health&nursing insurance compared to the option "Nein". Which is why you quite correctly ended up with more tax in your Bescheid than in your Elster estimate, which was based on your incorrect "Nein".   Regarding no. 3: to fill in the forms correctly, you should either stick to the instructions exactly or improve your German.   You are person B. Which is why the Finanzamt correctly moved your capital income to person B (= Ehefrau).   In a joint tax return we have: person A = Ehemann = husband person B = Ehefrau = wife   Only if you're an unmarried female, or  a married female and file separately, or  married to another woman and file jointly would a female be person A.   ********************************************   For the future, i.e. before marking me in a thread again, please take note of this:  
  9. Getting to specialist doctor's appointment

    Sorry, but @lisa13 is right and @someonesdaughter is not.   What someonesdaughter linked to are the specific provisions of the "Hausarzttarif" of TK, i.e. if you signed an extra contract in which you committed yourself to always go through your GP (you can get out of that extra contract again, by terminating it after the minimum duration of 1 year):   Normal membership in TK is just like lisa described, you go directly to any specialist you like (and you can also get a second or third opinion from another Facharzt of the same specialty, i.e. go to multiple Fachärzte of the same specialty):   The only exception are a few branches of specialists (Fachärzte) for which you still need an Überweisung (referral), but they are not exactly run-of-the-mill: Laboratoriumsmedizin (laboratory medicine) Mikrobiologie und Infektionsepidemiologie (microbiology and infectious epidemiology) Nuklearmedizin (nuclear medicine) Pathologie (pathology - if you need one of those your problems are already over...) Radiologische Diagnostik bzw. Radiologie (radiology) Strahlentherapie (radiotherapy) Transfusionsmedizin (transfusion medicine)  
  10. They kept it for less than 10 years, read the thread @someonesdaughter linked to:    
  11. Could it be that the Finanzamt mentioned the word "Progressionsvorbehalt"?   Or maybe the treaty override article §50d (9) EStG? (9) 1Sind Einkünfte eines unbeschränkt Steuerpflichtigen nach einem Abkommen zur Vermeidung der Doppelbesteuerung von der Bemessungsgrundlage der deutschen Steuer auszunehmen, so wird die Freistellung der Einkünfte ungeachtet des Abkommens nicht gewährt, soweit 1. der andere Staat die Bestimmungen des Abkommens so anwendet, dass die Einkünfte in diesem Staat von der Besteuerung auszunehmen sind oder nur zu einem durch das Abkommen begrenzten Steuersatz besteuert werden können, oder 2. die Einkünfte in dem anderen Staat nur deshalb nicht steuerpflichtig sind, weil sie von einer Person bezogen werden, die in diesem Staat nicht auf Grund ihres Wohnsitzes, ständigen Aufenthalts, des Ortes ihrer Geschäftsleitung, des Sitzes oder eines ähnlichen Merkmals unbeschränkt steuerpflichtig ist.   In that case you need to quote to the Finanzamt a section of UK tax law that shows that the capital gain is generally "taxable" under UK law, even though because of the high tax-free allowance and other rules that have to apply to "everybody" (i.e. not only to non-residents like you) mean that the actual tax that was due to the UK on that profit was 0.   What the Finanzamt is trying to avoid through §50d (9) EStG is you not taxing that profit anywhere, e.g. not in Germany because the DTA assigns the taxation rights to the UK (which is the case here) and not in the UK because maybe the UK has a strange tax rule that exempts all non-residents from having to tax the profit from selling UK immovable property (which is not the case here, or is it? Skimming the below link, it does sound like the UK privileges non-residents over residents...).   So you need to prove that you not paying UK capital gains tax wasn't just because you were living in Germany, i.e. because you were non-resident in the UK, but that the rules that result in 0 GBP tax also apply to UK residents, i.e. to "everybody".   Starting point: or just let your UK tax accountant tell you the relevant sections of UK tax law, so that you can submit copies of them to the Finanzamt.   If §50d EStG wasn't mentioned in the Finanzamt's letters, you could try just submitting a UK tax return for 2017 now and then sending the resulting 0 GBP UK tax assessment (= Bescheid, if the UK has something like that) to the Finanzamt. That should get any normal Finanzamt clerk off your back.   *****************************   No matter what you decide to do, immediately write an Einspruch that you send either by Einschreiben (there the registered mail slip you get at the post office is your proof) or hand it in person at the Finanzamt (get an entry stamp on a second original of that Einspruch as proof that you submitted the Einspruch in time!) in which you repudiate that German tax assessment, i.e. that Bescheid.  This has to happen within 1 month of the date written on the German Bescheid, or the German tax assessment of those multiple of 10k€ becomes final! You can only keep your case open through an Einspruch.
  12. Insurance for unemployed mother with newborn

      That depends on the residency clause of the double taxation agreement (DTA) between Germany and the country that you will be moving to, you can look up all DTAs here:   Keeping your family in Germany, it can be argued that the centre of your life (= Mittelpunkt der Lebensinteressen) is still here, which would also make you taxable here. So if you intend to work in Greece, that DTA has such a "Mittelpunkt der Lebensinteressen" clause in article II, Nr. 4 b.) aa.), so the Finanzamt could make a very good case for you having to pay your income tax to Germany, yes.
  13. Tax Laws regarding collecting funds through Donation Websites

      From a gift tax point of view, it doesn't matter.
  14. Received VAT number

      If your turnover is that high then this whole discussion is moot - you have been VAT-charging from the very start.   You said you only started your business on 1. May 2019. This means that you could only be a Kleinunternehmer in 2019 if your estimated turnover for May to December 2019 were (see §19 (3) Satz 3 UStG and A19.1 (4) UStAE): 8/12 * 17,500€ = 11,666.67€ Just book everything retroactively with VAT and submit the monthly VAT announcements (= Umsatzsteuer-Voranmeldungen) starting with the May 2019 (you will need an Elster digital certificate for submitting the VAT announcements).