dstanners

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  1. What made you smile today?

    Ahead of the other game tomorrow, the Kiwis are understandably confident:  https://youtu.be/-3GeLvd-HnU
  2. Brexit: The fallout

    Somehow, I had hoped it wouldn't come to this, but this article is a rather sobering summary of what now seems inevitable: https://www.theguardian.com/commentisfree/2019/oct/18/remainers-boris-johnson-brexit Bl00dy hell, let's hope for some good rugby tomorrow. It'd be nice to read something positive for a change.  
  3. That's true @engelchen , but everyone has to start somewhere...and expensive insurance is WAY better than no insurance. Given his parents are happy to give him a car, perhaps they would also stump up for some insurance? Assuming they are in the UK, over the past few years it has become very expensive just to stick kids on parents' insurance anyway, so it wouldn't be a shock to them.
  4. Running a UK limited (Ltd.) company from Germany

    Those things would help, but you still aren't getting over the main flaw: there is only one Director, and they are based in Germany (save for one trip per quarter). As such, I think your current structure would expose your company to paying tax in Germany. Could you not resign as a Director? Perhaps even with a power of attorney to allow you to provide certain services for the Ltd? I imagine you would need to indemnify the UK directors if you wanted to provide services under a POA. Depending on the nature of your business, an alternative structure you might want to discuss with your accountant could be that you could work as a Freiberufler here in Germany, with your old Ltd as a client (provided you had at least one other client). If that structure could work, then from the info provided (you would have only UK Directors, UK clients, UK freelancers and a subcontracted supplier in Germany), potentially the company profits would be taxed in the UK, whereas your earnings from the company would be taxed in Germany (you would invoice your former company for your time each month, just as you would for any other clients). Just an idea, but there are lots of accountants/tax types on this forum who may have other/better ideas.  
  5. Brexit: The fallout

    That is my concern, because it also seems to be the most common view from the folk I speak with back in the UK (and is also reflected as such in the press). This deal is not "getting it done", it merely kicks off discussions on the next phase (a trade deal). In light of this seemingly prevalent opinion, the remainers are suggesting that they are best off keeping their powder dry at the moment. So, rather than voting against the deal or even "proposing" an amendment that approval for a deal is linked to a referendum (something I had hoped we might reach at on Saturday), it appears they might accept the deal, and hope to get a better chance at some future date. Given the likelihood of an election (and Labour's weak position), that is a high risk option. Of course, as @murphaph said, ironically there is a similar logic which is encouraging the ERG to accept the deal this weekend too. Their concern is that this might be their best chance to get out now, with future options to get a harder exit following an election. Only one side is getting this right.  My view is that the removal of a suggestion that the UK and EU would remain broadly aligned, means that the ERG is correct. Trade negotiations once the Tories have achieved a larger Parliamentary majority could leave them with carte blanche on a hard exit.  
  6. Running a UK limited (Ltd.) company from Germany

    I'm not an accountant but I've had lots of discussions with my accountant on these sorts of scenarios arising from my own (former) company. Based on your description only (and advice I was given), I'd tend strongly towards saying that the company was based in Germany.  A director can bind the company, there is only one director, and they are based in Germany. Some things that could change it: 1) resign as a director and appoint someone in the UK, so that the only Director is UK based; 2) (a weaker alternative to 1) appoint some directors in the UK, so that the majority of the board is in the UK; 3) employ someone in the UK to carry out some of the services; 4) own (or at least lease) some sort of business premises in the UK.    
  7. After a few more thoughts, rather than just tell you what a mistake it'd be to take the option you suggested, here's a couple of practical suggestions: 1) get your parents to speak with their insurers and confirm that the vehicle would be insured if you used it as suggested. 2) consider whether you really need your own car in Munich. I'm pretty sure public transport is decent down that neck of the woods. 3) if you really need a vehicle, then it might be cheaper to buy a beater locally: the ferry and petrol costs to the UK are not insignificant. By contrast for under €1k you might find a little run around with some HU and can tax/insure properly. Two minutes on mobile.de brings up loads of hits in your area. For example:https://suchen.mobile.de/fahrzeuge/details.html?id=284020676&cn=DE&damageUnrepaired=NO_DAMAGE_UNREPAIRED&gn=München%2C+Bayern&grossPrice=true&isSearchRequest=true&ll=48.13641%2C11.57752&maxPrice=1000&pageNumber=2&rd=100&scopeId=C&sfmr=false&fnai=prev&searchId=8dbb34f2-44c4-84e1-cc08-2b58936f2c5b
  8. Hahaha, that's so wrong it's brilliant.  How about you crash and aren't insured? That could get nasty on all sorts of levels pretty quickly. For example, I'd be amazed if a UK insurance company would pay out on a claim if the car has been in Germany for three months (when I came here, my original insurance only covered me for overseas trips of up to three weeks consecutively - I managed to get them to amend the policy to three months). You'd need things like receipts for a ferry/tunnel to prove that the vehicle was back and forth, and actually most of its time in the UK. I don't know what the area you live in is like down in Munich, but I've also heard of instances where nosy neighbours have been known to report overseas registered vehicles which have been in one place for a while. Good luck selling your story to the German police if that happens. It does seem you've made your mind up about it, so can I just ask that you don't drive through the Eifel?
  9. Brexit: The fallout

    @fraufruit. It's the "State pension", currently around £130 per week for life (once over the statutory pensionable age - which itself is something that varies).Everyone old enough, who has made their social security contributions to the UK government for about 40 years gets it. It has been protected from inflation by being index linked, but that bit may be cancelled (so reducing the payments in real terms). It won't make you rich, but over a lengthier period, it's not small beer either.  
  10. I am being audited as a freelancer

    I see - do the elearning platforms not provide an invoicing facility, which you can download (and send with your returns)? The large online "freelance" platforms (Elance and co) were doing that years ago. 
  11. I am being audited as a freelancer

    I guess the things that might have "pushed" the finanzamt to run a check are listed in your post: you are registered for MwSt but don't pay any, you don't send invoices and you haven't submitted any accounts. Perhaps I'm missing something really obvious, but if you don't send some sort of invoice, how do you get paid...you don't sound like a typical Freiberufler? Re MwSt, I was going to check that you state on your invoices that you are reverse charging or that they are zero rated somehow, but given you aren't even sending invoices, I guess that's irrelevant!  Speak to your accountant asap.     
  12. help

    Marstons typically get paid to collect, and make margin from charging extra admin fees to the debtor.  The issue is that Marstons often allege they are bailiffs (legally entitled to collect) when they are really just acting as debt collectors. That's why it's important to make sure you respond to claim forms from the court (or moneyclaims etc if it was online/small claims), and make sure that Marstons have both the authority to collect and proper legal documents (it is typical in their business for them to produce "official looking" documents). The best way for the OP to be sure is to take their letters to the local CAB, which is free. Depending where he is in London, he could even go into the RCJ (on the Strand) and there is probably still a free legal advice centre there (it used to be after you've gone through security, just on the left hand side). Many moons ago it used to be manned by trainee solicitors / bar school students under the supervision of someone qualified.           
  13. help

    His contract was with the creditor not the debt collector. 
  14. help

    Ok, your first thing should be to speak with a citizens advice bureau, rather than a forum for English speaking expats in Germany! The following is my non-expert suggestion, based on how things were in England a few years ago, so treat it accordingly. Do you have a CCJ against you? If you do, then they "might" be genuine bailiffs (they do have a licence as such). In that case, pay the CCJ if you can (if you can't, see below).  "Usually" though Marstons are just debt collectors (their core business), which means they shouldn't just step onto your property and take your possessions. A civil/commercial debt is a matter for the courts, not a private debt collection agency.   Irrespective of the above though, if you owe money, it needs to be paid at some time, otherwise a CCJ will be issued, and the demand for repayment will be genuine. Before it is issued though, you will be contacted by the court, and given the chance to make representations (in your response you can include an offer to repay in instalments etc). If you fail to pay a judgment against you, the creditor can ask for a bailiff to be allowed to collect the payment. Contact the person to whom you owe the money and as @robinson100 suggested, ask them to agree a repayment plan with you. That conversation is between you and your creditor though - not Marstons. Marstons will have bought the debt from your creditor, and have no interest in saving you money.    If you reach an agreement with your creditor, make sure that the payment is linked to them withdrawing any court action against you (and calling off Marstons).    
  15. A further update. My letter to the regional authorities in Cologne "seems" to have had the desired effect. I had a very polite call from the author of the internal correspondence, apologising for what he believed was a misunderstanding from the folk at my Kreisstadt. He said there was no intention to treat British licences as non-EU licences (at present) and that accordingly he would personally see that my application would be processed and that I would be able to retain the heritage classes. However, he said that I would only retain those classes for a period of 5 years, after which apparently there is a requirement in Germany for further tests (medicals etc). That sounds fine and fair to me: I wasn't asking to be treated better than someone with a German licence, but the same. In fairness to the individual from the Cologne authorities, when I called up my Kreisstadt, he had already ensured they were well aware of my application, and keen to help. So - so far so good. The only fly in the ointment for me, is that because of the additional categories (ability to drive coaches etc), I was told to apply for a Fuehrungszeugnis, and only once that has been processed will I be given the German licence. I made the application today, but was told it could take at least three weeks to process. The cynic in me leaves a nagging doubt that this could be a cynical ploy to delay the application. I'll see in a few weeks, and will provide a further (hopefully final) update one way or another.