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About Willybroch

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  • Location Bremen
  • Nationality Spanish
  1. Fund taxation in 2018 and "fiktive Veräußerung"

    Ok, so it needs to be also accounted for the Progressionsvorbehalt. I was not sure if capital gains were accounted the same as "normal" income . Thanks for all the answers, I will stop bothering now .
  2. Fund taxation in 2018 and "fiktive Veräußerung"

      I will contact the Steuerberater and clarify this topic, maybe an amendment is due. But, if the sell (through exchange) did happen before moving to Germany (but in the same year), do I still need to pay taxes in Germany for that? I understood (maybe incorrectly) that my unbeschränkter Steuerpflicht started on the date I moved to Germany (as stated on the tax return of that year).
  3. Fund taxation in 2018 and "fiktive Veräußerung"

      In general I have everything well documented (for the last 4 years), but I may be missing some paperwork for part of the capital in these funds, since a small part of it entered the, lets call it "fund circuit" even before the Euro era. (Spanish pesetas).   The key point here for me is that all the exchanges of funds happened before moving to Germany, so no problem on that side. The question is: - Should the fiktiver Veräußerungsgewinn reflect only the fictive winnings of the "last" fund? (example below, not real numbers, in case it helps). 15.05.2015 Buy 100€ of Fund A           2016 Fund A appreciates to 200€ 15.05.2017 Exchange 200€ of Fund A for 200€ of Fund B (No tax deducted, Spanish Law) 01.10.2017 Move to Germany * 31.12.2017 Value of Fund B is 300€ Option A: When I moved to Germany, I had only 200€ of Fund B, so one option would be to declare the fictive gain as 100€. (The easy option in my opinion) Option B: Because that money was not taxed in previous sells/buys, maybe I should enter a fictive gain as 200€.    My fear with Option A is that when if I sell fund B for example @ 350€, according to the information provided to the Finanzamt, I would have had a gain of 150€, but the Spanish bank papers would state 250€ gain, since previous gains had not been taxed.   On the other hand, if the Finanzamt only want this information for the Vorabpauschale, to me it looks like that this would make no difference as long as I use the same criteria every year.    * I did 2017 tax return through an Steuerberater and he did not include this movement, I understand that because I was only part-time in Germany and the "tax event" happened before moving. I hope that was correct.   Thanks!  
  4. Fund taxation in 2018 and "fiktive Veräußerung"

    Thanks for all the answers. I am starting to understand the procedure, but it seems to be a pain in the ass when the funds are in banks abroad (I was really hoping for an exception here), since different tax rules may apply (see below). I have the following follow-up questions.   I know these questions probably should be targeted to an Steuerberater (particularly 2nd and 3rd) but the tax return I expect is ~0€ (no special situation) and I am trying to avoid to spend several hundred € for "nothing"(the money in these funds is not much). Of course, if that is the only way to get this right I will do it. Thank you in advance and feel free to dismiss them, since they seem quite boring now that I look at them In my case there was no selling of shares in 2018, so when I try to complete KAP-INV (in ELSTER online) the form requires me to input Anzahl der veräußerten Anteile (Number of shares sold) and  Veräußerungspreis (Sale price). If i left them blank, it throws an error if only completing Zeile 40 (fiktiver Veräußerungsgewinn zum 31.12.2017). It happens that the Spanish funds law allows transfers between funds without realizing the gains (no taxable event until you get the shares to euros). All the banks do this automatically, and I have done so several times before moving to Germany. Then, the funds I have now (2) are composed by a funny combination of lots from other funds. Which one would be the fictional Gain here in your opinion? To me, it should be the accumulated gain. Otherwise, whenever I sell the fund (i.e. in 2019), the gain in the Spanish bank certificate will be reflecting the accumulated gain, but this will be mismatching with the information I had provided to the Finanzamt (Fictive Winn 31.12.2017 + gain until 2019). Secondary problem here is that the Spanish bank does not provide this "accumulated gain" until you sell the funds, but I guess I can calculate myself this gain on 2019. (Bonus Question?) I have also a retirement fund in Spain that does not even have an ISIN (it has a Spanish retirement fund number). The money in this fund cannot be touched until I retire or one of the following exceptions: I get unemployed for long time, or 10 years  pass (Funny Spanish rule here, since it sort-of-destroys the "I retire" clause). Lets say that I want to declare it as a normal fund to play it safe, since it seems that I cannot include it as retirement fund from the German point of view. In this case, Do you think I can just include the "Spanish Retirement fund Number" in the ISIN field.? (ELSTER online already complains that the ISIN is incorrect if I do so). If I still need a professional for these topics, do you think a Lohnsteuerhilfeverein may be able to support these topics? Or will a Steuerberater be necessary? Note extending the point 2). If I try to follow the form completely and I use a different column for each of the lots with different buy prices, with the mentioned ramifications and combinations, I am sure that the tax return will be a nightmare both for me and the FInanzamt. (Just 2 partial transfers between funds can be leading to +12 entries there) :S   Thanks again! (Also for many other messages across the forum, I find them always super helpful.
  5. Filing a tax return - help on how to file

      At least for this year, it seems that the deadline was extended to 31.07.2019 for the 2018 tax return. https://www.finanztip.de/steuererklaerung/steuererklaerung-frist/
  6. Fund taxation in 2018 and "fiktive Veräußerung"

      Hi @PandaMunich, Thank you very much for all the explanation about funds, particularly the one in the first page of this thread.    There is one point related to the topic above that is not fully clear to me yet and maybe you (or anyone else) can provide some further insight ( I have tried several webpages, but depending on they way I translate them, they seem to say different things).   I have funds (all accumulating, so no dividends, etc) in a foreign bank (in the EU) that I opened and contributed to before moving to Germany.   - For those funds, does the Vorabpauschale (new in 2018) apply? - If so, hows is the Vorabpauschale calculated? Does the investor (me) need to perform the calculation? (For sure the foreign bank is not going to compute the German taxes).   - In general, if there are no capital gains (I do not sell any shares and fund appreciation is < Basiszins) do I need to inform in my Steuererklärung that I "have" these investment funds. (If so, I was not able to find the right field for that in the forms).   Thank you very much!
  7. Hi RedMidge, That was one of my first thoughts, but there is something not adding up to me if I need to hire an Steuerberater (several hundred € I guess) to complete a tax return for which, after doing my first estimations: - I need to pay ~20€ after considering employee taxes. - Most likely I am not even obliged to fill. - Additionally, the funds I was referring in the opening message have all negative return for year 2018   This is why I was aiming to get a better grip of my situation before addressing an Steuerberater. But of course, it seems that the law for investments (particularly foreign ones) is quite tricky so I am aware that an Steuerberater may be the only solution...   Any good reference of Steuerberaters in Bremen (If they can handle English speaking clients, better)?
  8. I would like to extend a little bit my question regarding point 4)   I have been reading about the Tax changes regarding funds in 2018 and I am trying to gather all the information about the funds I have, because all the information regarding dividends, accumulation and taxes is not provided by the bank abroad. I have in Spain: An equity fund. A bond fund.  A retirement pension fund. I have not sold or bought those funds after moving to Germany (last operation 2016), however, I am not sure how to include them in the tax return (2018) If I manage to get the information regarding the dividends for the equity fund, I should be able to include it in the tax return.  Should I include those directly in Anlage KAP (and put it together with the interest received abroad in Zeile 15), or should they go into Anlage KAP-INV (Fields in Anlage KAP-INV seem to me to be more for this situation? As for the bond fund, if it does not have any actions, Is it impacted by the new law at all? Do I need to declare only the gains when selling? For the retirement fund, at least in Spain i am not allowed to sell it until certain time has past. Does it behave also as any other fund for tax purposes? Is having these funds abroad making my tax return mandatory?   P.D.: In 2017, my tax return was done by an Steuerberater and I was in Germany only the last 3 months of the year. In any case, the Steuerberater did not include any information about these funds. I am not sure if I was supposed to pay any taxes on those funds but, as mentioned in the opening post, the benefits, if any, are expected to be in the tenths of €.  Do I need to pay taxes on 2017 years? Can the omission be problematic?  Do I need to communicate anything about this missing data to the Finanzamt? Thank you very much again.    
  9. At the moment it is not 100% clear whether it is mandatory for me to fill a tax return in my situation. Apologies if the topic was raised before. My initial calculations both with ElsterFormular and SteuerGo for year 2018 show that, with my employee income, I need to pay ~30€. I included some of the typical cost deductions but they seem to be lower than the the 1000€ flat-rate so there was no improvement there. It is my intention now to try to avoid filling the tax return to avoid paying those 30€.    1) My work income is limited to one employer so, in principle, it should be possible for me to avoid filling the tax return. Is that correct? Even if the calculation says that I need to pay? 2) I have made some cryptocurrencies investment transactions, but the gains are in the order of tenths of €, far from the 600€ exemption for private sales. 3) I have an account abroad that has also given me some money, but also in the order of 10€ or so, far from the 800€ exemption for capital gains. 4) I have some investment funds and retirement funds abroad (Spain) that I opened before moving to Germany. I have made no movements on those for at least 2 years now. However, the tax law in Spain is much simpler. You only pay taxes when you sell your shares. No taxes on dividends if they are reinvested. Actually, you don't pay taxes when you swap funds (Fund -> Fund transaction is possible without going through FIAT). You only pay taxes when you convert shares into FIAT, so I have no report with details regarding those possible dividend gains. In any case, any possible dividend gains from those funds will be muuuuuch below 800€.    - About 1) 2) and 3). Can I avoid doing the tax return at all? Or is it better to fill it so the small crypto movements are at least "acknowledged" by the Finanzamt?  - About 4) Should I contact the fund managers in order to get the dividend gain information? (If they can provide that at all). What are the options if I don't have such information?   Thank you very much to everyone!
  10. Hi Everyone,   First of all, apologies if the topic is somehow redundant, but I failed to find this topic in the forum yet.  We are doing the 2018 tax return for my girlfriend, who moved to Germany in October 2017. She found a job and started to work in May 2018, and until then, she paid TK contributions (circa 180€/moth). The contribution were charged to my account for convenience, but she was reimbursing me the cost also monthly.   - Can she include those insurance expenses in the tax return to get some deductions? (from January 2018 to May 2018) - Is the fact that the charges were made to my account going to cause any issues?   My research points that these contribution can be included in Angaben zu Vorsorgeaufwendungen, line 17. This lines states as an example: "bei freiwillig gesetzlich versicherten Selbstzahlern" that I understand it is the case.   Since she was not working on 2017, I believe that no deductions are possible because no taxes were paid at all.    Both my German language and German Tax law knowledge are quite limited, so hopefully someone in the forum has dealt with this topic already and can provide some clarification.   Many thanks