Starshollow

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About Starshollow

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    Starshollow
  • Birthday 02/02/1967

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  • Website http://www.crcie.com

Profile Information

  • Location Starnberg
  • Nationality German
  • Hometown Munich
  • Gender Male
  • Year of birth
  • Interests finance, investment
    Tennis, Golf
    Politics
    Reading (especially history, but also poems)
    Movies

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22,963 profile views
  1.   There is a lot of missing information in this contribution...but little wonder, because the German system is so complicated, how should people not dealing with this on a daily base know what kind of information is important in order to get answers that can really help you...   1.Q: why is your husband no more/no longer qualifying for public health insurance? With the use of the "no longer" it would appear to me that he (or all of you) are currently still in public health insurance, right? If not, please explain in more details. 2. If you have extensive medical issues already, chances are fairly high that no German private health insurance will accept an application from you. Public insurance at least covers existing conditions, too. So you are better off staying with public health insurance. Unless you have never been covered with public health insurance in the first place. In which case the relevant question is: how have you been insured in Germany in the past 3.5 years ?   Cheerio  
  2. Health insurance in Germany 2017..a belated update

      All international insurances fall normally under Section 195 of the VVG (insurance contract law) which allows the use/offering of health insurances that are not calculated like a life insurance only for "Person(en) mit einem befristeten Aufenhaltstitel für das Inland" and these health insurance contracts are then limited to a use-duration of max. 5 years. It is obvious that this relates only to people with a VISA...and not in any way or form to an EU-citizen, because the latter does not have a "befristete Aufenthaltstitel" but a right to come to Germany and live and work here.   That leaves the question if some of the international health insurances are compliant also with Section 193 VVG, which defines what kind of private health insurance can be used as a substitute for the public health insurance in Germany. Which then correlates and interacts with the VAG (insurance oversight law). According to several top lawyers to which me and my business partners of the NEUE KV GmbH have paid thousands of EUR in the years 2014-2016 and based on a number of public statements by the BaFin (as the regulatory body for this) and the head association of German private health insurances, no international health insurance can claim to be compliant with this and hence no EU-citizen can rightfully use an international insurance instead of a German private one.  Personally I strongly believe that the relevant German laws - which were made even worse with a re-writing of important parts of the VAG to this regards in 2016 - are in conflict with higher EU laws. But as long as no international insurance picks up the fight and takes this thru courts,  the situation in Germany is quite clear and an EU citizen should not (or even must not) use such insurances if he wishes to comply with German laws.   Having said that: in my experience, too, it is not a problem usually to switch from international health insurances to German public insurance when getting an employment with compulsory public health insurance...no back-charges are levied by them. The main problem that comes up repeatedly is, when someone - even an Expat living on a VISA in Germany  and using such an insurance within what the law allows and stipulates - who has been insured with international health insurance needs to switch to a German private health insurance. Either because he is getting employed and needs private health insurance instead of public one, or because the immigration office demands it. Since it is a legally very uncertain and shaky ground, we do not advise new clients anymore to take these kinds of insurances. we have worked out a group tariff with a German insurance company that is legally fully compliant and will go public during the next 1-2 weeks now. And we can offer one particular international health insurance that has a binding agreement with their sister-company in Germany (which is a real German private health insurance) to take over such clients without problems for those that do not qualify for the group-tariff.   I can only recommend staying away from all others for the time being until the current German situation has been successfully been challenged in a court of law.   Cheerio    
  3. Tax return - freelancing for US company

    Ah... now that is obviously a horse of a very different colour... was your total billable amount as freelancer below 17.500 EUR (or what is the latest threshold?) ?   Cheerio  
  4. Tax return - freelancing for US company

    why should this by "tax free"? It is income... so its taxable in Germany as income. tagging  @PandaMunich for more details   Cheerio  
  5. Health insurance in Germany 2017..a belated update

    in my legal understanding, EU citizens must not use these kind of insurances because they do not fall under the rule of § 195 VVG but under § 193 VVG as they are to be treated like German nationals (who cannot use the §195-VVG-insurances either). For Visa-residents it is a hard question. There are strong forces in Germany - headed by the association of health insurances in Germany and the BaFin - that would say that even VISA-residents would need to sign up for a "real" health insurance once they apply for 12+ months. Whether that is legally sound... well, it is as long as no-one tests it successfully at a court of law in Germany. I have invited ALC in the past a number of times to join in such a case to get this clarified but they never had the guts/balls/whatever for that. As the Donald would say: so sad...   Cheerio  
  6. Haftpflichtversicherung (liability insurance)

    in contrast to the content insurance (German: Hausratversicherung) which pays the new value for everything that needs to be replaced within a claim (after fire, theft, vandalism) most 3rd party liability insurance do indeed only cover the depreciated today's value of a damaged or destroyed good.  Obviously they'll need to give a clear and transperent calculation how the reached the amount they want to settle for...but generally speaking, this is normal offer from a 3rd party liability insurance in its standard form that most people have. Really good insurances offer to cover new value (usually up to certain limits like 2.500 EUR per piece/damage) but if she does not have such an insurance and if only depreciated value is covered, you are out of luck, I am afraid.    Cheerio  
  7. Legal insurance advice/recommendations?

    @prophet60091 - if you have not yet been informed or threatened with cancellation of your work contract/firing, such a legal insurance can be obtained. It has a waiting period of 6 months, though, usually, for labor disputes.   If your employer has "cut corners" as you say, a good lawyer can take them for a very expensive ride in your favor, including an auditing by the relevant German authorities like the Bundesrentenanstalt and the Krankenkassen. You could also have claims for missed-out tax benefits etc from company pension schemes if you have never been informed about your right to set up one and have not done so either.   We advise a lot of foreign employers and help them how to do all this correctly and such reduce any potential liability for them. It does cost a wee bit of money but is far less expensive than facing the dire consequences if audited or sued by employees or both. Hence I can see that you actually have a lot of leverage against such an employer.   Still, a legal insurance would make sense, talk to one of the independent broker/advisors who advertise here on Toytown to send you some quotes and set you up with such an insurance.   Cheerio  
  8. Health Insurance Issue for Non-EU House Wife (Haus Frau)

    I would like to join my colleague John here: at least the insurance agent has to have some documentation of the advice process offered to you (as well emails, for instance, as real written abstract of the advice process in line with filing the application for you). It would also be important to know if it was an insurance agent or an insurance broker, because both have very different legal liabilities towards you. if it is a broker, there might be a liability actually from not following up with you when your wife was supposed to come to Germany or making the next steps of getting your wife insured more transparent. It would be worth checking if you can claim some of the damage for malpractice from the insurance intermediary. You might also want to inform your employer and the relocation agency in writing that the advice given to you was not what you would expect and probably also not in your best interest, i.e. they might want to look over their existing relationship and perhaps use - at least for Expat employees - an expert adviser instead.   Other than that, you have not many options. In the end the liabilty to have your wife insured lies with you and your wife, legally speaking. Having not done that you have not been in compliance with German laws - which is why you'll be facing back-charges. And any existing condition (i.e. that is existing NOW) triggers either rejection from German insurance companies or at least an additional risk premium. Nothing can be avoided here. Of course you can ask an experienced intermediary/broker to check out more and different health insurance companies in order to find out which one is easier on that particular risk, because there are many differences to this regards among the German insurance companies.   Last but not least, you can and should have your current health insurance (especially the application and setting up) double-checked by another professional advisor/broker. First, to make sure that you have not been tricked in leaving out or not-disclosing crucial health information..because that could lead later to denial of services or coverage to you and, in a worst case scenario, even loss of insurance coverage entirely. Since you have been so badly advised, I would strongly recommend that. Secondly, perhaps a better solution/insurance option can be found out for you. While you probably just lost the chance for an immediate change of insurance (unless you received a premium increase info during November or December recently), you can change by the turn of next year. And if a better option can be found for you and such a switch is feasible, you'll have at least the satisfaction that the bad advisor will have to repay most of the commission he received because within the first 5 years he'll suffer clawbacks of one fifth of the commission for every year that you don't stay insured.   Cheerio   PS: would be great to learn the name of the relocation agency and advisor by way of PM, btw.
  9. Haftpflichtversicherung (liability insurance)

      Yep, part of what we do. Its being cross-subsidized by other, more profitable insurances. In the end we offer (or try to) a 360° service that covers all insurances and pensions and investments.... that way we'll have satisfied clients and our total is good business.   Cheerio  
  10. Haftpflichtversicherung (liability insurance)

      first you need to understand what kind of coverage you really should have and if this is what your ADAC insurance covers. For better understanding what is really essential, read here: https://www.crcie.com/insurance/3rd-party-liability/   Furthermore, I would always recommend that you'll get your liability insurance thru a broker. No price difference for you, but you have someone to advise you on what insurance and tariff is best for you. And help you with any claims when you need to file them.   Cheerio  
  11. Freelancer Medical Insurance - Help me choose

      Couple of thoughts and hints:   - don't try to maximize only short-term cost-reductions for the sake of long-term problems: once you opted out from TK (Public health insurance), that's it with public insurance for you, unless you go back to employment with a gross salary below the legal threshold later. as long as you stay single, that may well work for you..but do you plan to start a family anytime soon? Will your spouse or partner work or stay at home with kids? That all belongs into a good decision making process here. - what is your health status? Any existing medical problems, chronical conditions? Any major treatments in past years, psychotherapy in past 5-10 years? Ongoing dental treatments? All this can make a move to private health insurance hard if not impossible and can have, even if such a switch would take place, have costly and negative consequences for you longterm. - TK will with high likelyhood not accept your cancellation if you do not switch to a real health insurance that is compliant under German laws. Whether ALC is fully compliant is worth some discussion - just try to get them to confirm in writing to you, that they are compliant with § 193 Abs 3 VVG - if you can't get this, then don't take ALC (and TK should not accept your cancelation without such a proof). No idea what "nowcompare" quoted to you, but it does sound very much like a health insurance that is not in the last legally compliant for Germany. - HanseMerkur: which tariff are you talking about? How long have you been living in Germany and been insured with TK? How long is your existing 'VISA still valid...that will be important to see, if HanseMerkur is actually going to accept an application from you or not.   Health insurance is an important issue with a lot of long-term consquences to contemplate. It is not a field for laymen to try-and-error-around... of course I am biased in my opinion about this, but it does come from >12 years professional experience, too.  Get yourself some professional advice and assistance. Bet tip I can give you.   Cheerio  
  12. Taxation of US funds

    AFAIK this info was correct for the time period until Dec. 31st 2017. As per January 2018 this has changed dramatically because now foreign investmend funds are going to be taxed just like German funds.   Cheerio  
  13. No, I really don't want to kill my husband...but

    Several insurance broker advertise on Toytown. Which means on one side that they actively support this forum financially. On the other side some of those advertising also have a long track-record of informing and advising folks on Toytown directly in these forums. Which is a constant source of info and can help to check if you like and trust the advice they offer or not. Last but not least, under most advertisements here on Toytown you can find and read real-life comments and references. That way you can also get a better feeling for what kind of advisor/broker you have opposite you and if that is what you want and seek.   Cheerio  
  14. advice for lost a apartment key

    The legality of the demand is certainly something that needs to be checked and verified by a lawyer at this point. We do not know what is written in the rental contract about liability for lost keys, for instance (or any other damages by the tenant). There might be a clause to this regards you have not noticed (yet) or not understood the legal language in full. The difference between the 3 keys in the contract and the 4 in the "Übergabeprotokoll" is indeed strange and may give you some leverage. But you'll definitely need a lawyer for that, I am afraid (if it turns out the demand was unfair and not on solid legal ground, you (or your lawyer) can demand the fees for your representation back later from the other side).   Last but not least: may I point out that a good 3rd party liability insurance covers the loss of keys of both your private rented house/apartment and even your office (should you work in one where there are keys or keycards required) because if there is a central key and security system, then indeed the costs of exchanging everything can be in the tens of thousands of EUR depending on how large the apartment house or office building is.  One lost key that is not accounted for can raise hell on other insurances the landlords/owners of the building or office run to protect themselves and their tennants against theft, vandalism, break-ins etc because the insurance companies can deny to pay for claims due to negligence on the side of the landlord/owner in such cases. Therefore their need to exchange all locks/keys is fully understandable. If you had a good 3rd party liability insurance, they would check the claim from the landlord/Hausverwaltung now for you and fight it for you (with no extra costs for you) legally if they find the demand to be not acceptable in the amount or in general. Such an insurance, btw., costs only 80-100 EUR per year and covers a lot of other damages or injuries you can cause to third parties by accident or negligence. It clearly is a must-have for everyone in Germany (and is well explained here: https://www.crcie.com/insurance/3rd-party-liability/ )   Good luck with this and I hope you'll get out of it without too much financial harm in the end.   Cheerio  
  15. Health insurance in Germany 2017..a belated update

    simple answer: get them to give in writing that their insurance is compliant with the relevant German laws. See what happens. And then make your own conclusions. One way or the other...   Cheerio