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About dampstew

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  • Location Hamburg
  • Nationality UK
  1. I had to calculate Vorabpauschale myself, and I found this dumb anomaly that can seemingly happen.   Say an ETF is priced at 100 EUR on 1st Jan, and ends the year at 200 EUR. Pays no dividends. The Vorabpauschale is thus the Basisertrag prorated for the months the ETF is owned (since basiszins will never be so high).    Say over the course of the year, this ETF reached 400 EUR in July, at which point I bought. At the end of the year it is priced at 200 EUR - so I'm sat on an unrealized capital loss of 200 EUR. Yet, I have to pay taxes on the positive Vorabpauschale - because even though I lost money, the ETF gained in value over the year.     This feels really dumb to me. Why on earth did they specify Vorabpauschale should be calculated based on the price at the beginning of the year, rather than the far more logical, actual purchase price? If they have done that, my "Wertsteigerung" would be negative and thus no Vorabpauschale will be due. Alas, thanks to the weird rule, I have to pay taxes even though I'm losing a lot of money (in unrealized terms). To prevent this stupid situation, I'd have to sell the ETF before the year's end.   Let's say I don't sell, and pay the tax on Vorabpauschale. 3 years later, the ETF reaches 300 EUR and I sell - my realized capital gain is thus -100 EUR. What happens with the Vorabpauschale taxes I had paid? Will the Finanzamt issue a refund?     It just seems really dumb to me. They should at least allow the purchase price to be used if the investor wishes to. OR, am I missing something??    
  2. Übergabeprotokolls typically confirm liability (for example, if it says "floor damaged", then it implies the tenant damaged it and must pay). Sometimes it even contains additional agreements that are not subject to the normal "contractual fairness test" (it may contain agreements that wouldn't be allowed in the tenancy agreement as unfair). So, unless you have no concerns about accidentally admitting liability or agreeing to something, the safe thing is to simply not sign it.  @kapil354
  3. Just came across this: https://www.promietrecht.de/Schaden/Abwehr-von-Forderungen/des-Vermieters/Abnutzung/Schaden-durch-Mieter-am-Boden-Parkett-Laminat-PVC-Teppichboden-E2045.htm   Seems pretty comprehensive.
  4. First, don't sign the Übergabeprotokoll (at all). You are not required to sign it, so unless the content is advantageous to you, there is no point in signing it. Take pictures and movies as evidence for yourself. Witnesses are also useful.     Second, landlords can't offload normal wear and tear on tenants. If your flat was renovated ("appear new"), AND it's stipulated in your lease, you might have to renovate on your way out. But both conditions must be met (you must have received a renovated flat - if not, the clause about having to renovate on your way out is invalid).    It sounds like they are asking for money on the ground that you damaged it (through negligence, presumably). That does sound ridiculous to me - unless you had a leaking washing machine that you didn't fix or something like that, damage like that is their fault. Especially since no damage even seems to exist (wtf do they mean by "bump"? It's clearly just some shitty material that degraded over time).
  5. A friend of mine successfully did it in Berlin (some central branch) for a bank. I think video chat might actually work (now that you can use the eAT). If you make noise on social media (like Twitter) hinting it's discrimination (which it is) they might help you out.
  6. too many ETF in a portfolio is a mistake

    @Gambatte I meant increase the admin cost for you. Like you said, it's potentially more work to get a good overview of your portfolio. You'll also get more "mail" (when ETF changes hand for example). Chances are also that the more ETFs you buy, the more you buy ones that are inferior (higher TER, lower liquidity, higher spread etc.). So it's definitely not advisable to collect a lot of ETFs that share underlying assets.     But your main point is correct - if you buy a 1,000 EUR ETF with a TER of 0.2% vs. 2x 500 EUR ETF with also a TER of 0.2%, your costs are the same. You probably paid more transaction costs for the 2x option, but that's it.  
  7. Thanks to a recent legal action you can use your eAT instead @vaonba (https://www.openpetition.de/petition/blog/ausweise-klassifizierung-eines-elektronischen-aufenthaltstitels-als-identifikationsdokument)
  8. If the flat is not available to you according to the contract, your landlord must pay you Schadenersatz. This not only includes the rent (duh) but also any cost you incurred because of that (like hotels, storage, transportation costs etc.) - including legal fees.   If I were you I'll talk to a lawyer and go all berserk on the landlord. Germany's tenant protection is really good so anytime they cause you problems you can just reduce your rent and squeeze them. They might cause you issues with your Kaution when you move out, but if they are ready to pull this, they would do that anyway so nothing to lose here IMO.
  9. If your lease is ongoing, you want to immediately invoke vorbehaltung, because otherwise, you forgo future claims.     If the landlord never issued a Nebenkostenabrechnung (and thus there is no way for you to estimate Nebenkosten), then you can assume there was no Nebenkosten and demand full refund of Nebenkosten payment. BUT the landlord can later issue a rechnung, later, at which point you have to pay.   Importantly, if the Nebenkostenabrechnung is late, then the landlord can't demand Nachzahlung even if it's legitimate. If you had overpaid, then the landlord is obliged to pay you back (even if the rechnung was late).
  10. too many ETF in a portfolio is a mistake

    There is no reason having too many ETFs is a mistake (as you correctly analyze). I have quite a few ETFs in my portfolio because new & better ETFs came onto the market, but I didn't want to sell my existing ETFs because I didn't want to pay additional transaction costs, and also wanted to defer paying taxes. The only downside is potentially higher transactional costs when you liquidate (because instead of selling it in one transaction, you have to make many transactions), but you probably want that anyway, so it's not really a disadvantage.     Proactively buying many different ETFs is probably not very useful (because you aren't diversifying, and just increases your admin costs) and should be avoided, but if you end up with many ETFs, I can't see why that's a mistake.
  11. Suppose you have some dependent family to support. It seems to me if you have adequate Berufsunfähigkeitsversicherung & Risikolebensversicherung, you are pretty much covered (if you can't earn money but are not dead, Berufsunfähigkeitsversicherung. If you are dead, Risikolebensversicherung).  However, @Starshollow (who seems to be an expert in this domain, says: "All desk-oriented jobs and management related jobs [...] should, in my professional opinion, rather look for a dread disease insurance, where you insure yourself against a certain number of major illnesses, like cancer, heart attack, stroke and more, which do not necessarily lead to a legally clear case of occupational disability"   This seems surprising to me as I thought as long as I'm unfit to work for more than 6 months, the Berufsunfähigkeitsversicherung will payout. If this is important, I'm looking at an option where Abstrakte Verweisung is not possible, and I can survive for a year or so if necessary without payout, so it's ok if it takes time until the payout starts. Should I still look at dread disease insurance, rather than Berufsunfähigkeitsversicherung? I'd then be not covered for things like getting my arms chopped off. Buying both seems expensive.      
  12. So it used to be possible to perform Postident successfully with a foreign, non-EU passport in Hamburg (if you went to bigger branches), but since around summer 2017 "The system changed" and they won't accept it anymore. They will happily do it with the Aufenthaltstitel, but the banks then reject it, telling me that for legal reasons it MUST be done by a Passport. And the post office won't do it with a passport, so we are screwed.  Is there anyway to workaround this?     Also, obligatory stupid f&!@*!ing postident! Rant.