Anlage Unterhalt - if you support parents/spouse

156 posts in this topic

This is a great article, veru useful for all expats helping their relatives at home.

Should I try to apply for this if my parents are still working?

How do you proof the trip home if you go by car for example?

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Only if your parent is 65 years old or older and her/his income is less than 2,032.50€ (since Romania is in group 4).

 

For a trip home by car, attach the petrol bills from the petrol stations along the way, plus any motorway tax receipts that you had to pay for crossing Austria and Hungary.

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From what I saw Romania is in group 3 ?

And why this age limit? To make sure that my parent is retired?

My parents are younger than that, about 60.

Can I support my grandmother in this way at least?

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Yes, you're right, that would be 4,065€ then.

 

The idea behind the age 65 limit is that up to that age, people are supposed to work to support themselves.

Only if you can bring a medical certificate that they are unable to work would the Finanzamt allow that these persons do not have any other possible source of income than their offspring sending them money.

 

No, supporting your grandmother is not possible, since it is your mother/father is the one responsible for supporting her/his mother, it isn't your legal duty.

Only if your parents had been dead would this legal duty have fallen on you.

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Ok I will support my parents anyway, would have been nice to get to taxes back...

Another question for my girlfriend, her mother is too younger than 65, but she is retired due to health problems.

So do you think that if she is retired so no work, her income is very low and she can proof all this, can my girlfriend apply

for deducting taxes for supporting her?

What documents should her mother send besides that form?

Maybe a document that testifies that her mother is retired due to health problems and that she has a very low pension?

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Please re-read post no. 1:

 

 

(who have to be at least 65 years old or have a medical certificate stating that they cannot work),

 

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Thank you for a great article PandaMunich.

 

So if i understand it correct, If my mom, who is +65 has an anual income of maximum 8,130 Euro (group 1), then i would be able to claim back the amount on my taxes. If she were to make more than that, then i won't be able to claim anything? I supose this number referes to pension, pension after my father and any other benefits she might receive from the state, i.e. total income for the year? We are still trying to figure out how much she will actually be getting in the end (widdowed in June so all papres are not finalized yet). Since i think she might need support, at least for a while, this post came in perfect time.

 

Kind regards

 

Miinerva

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Correct in all points :)

 

Example:

 


  • Your mother has her own yearly total taxable income from all sources of 6,624€.
    This means that you can claim the difference between 8,130€ and 6,000€ (= 6,6624€ - 624€ free allowance), i.e. for up to 2,130€.

    If you also pay her health and nursing insurance, then you can claim for this amount additionally to those 2,130€.

 

You should however know that German pensioners only have a part of their pension count as taxable income.

 

For example, if a German pensioner starts receiving a pension in 2013, then only 66% of it are taxable income (if she first got it in 2012, it is 64%, and so on), for details please see post 7 in Tax deductions for pension and health insurance, and the example table under point "4. Bedürftigkeit der unterstützten Person" in here.

 

So it would be to your advantage to argue that the same procedure should also be applied to your mother, i.e. only a part of her pension should be considered taxable income, otherwise she would be disadvantaged compared to a German resident.

Of course there is no guarantee that they would accept this argument, but it can't hurt to try it, maybe you will get lucky and they will wave it through.

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Great detail provided, I know a lot indians who arrive here are looking for this type of detailed information.

 

I dont know how they calculate this on 2 counts. Firstly, an annual pay of €2000, would not be sufficient enough to live comfortably in a medium sized city, leave the big metros in India and then providing decent education to children, who, when, they grow up and come over to germany to earn (also this number of 2000 would have been substantially lesser, say, when I was growing up, though it really does not cater to the growth patterns and inflation in India), wouls support their parents who are earning less than 2000€ per annum.

 

Total crap and I can definetly assume this like 0.00001% probability or lesser.

 

Secondly, last year (2011 tax declaration), I had claimed for both my parents. My mother is way younger than 65, but has never worked in her life and certainly does not earn interestes etc to to the tune of 2000€ (In india the culture has been that the man controls the finances) and we declared that my dad earned around 5000€ (FX rate in 2011, that amount will be comparitively lower today)and of course he oler than 65 and I got back the amount specified by tax consultant as part of the overall scheme of refunds.

 

This year (2012) I have filed for my In laws as well. My MIL has never worked in her life and my FIL earns just about that amount as he is in retirement period though far younger than 65. We will see what the finanzamt comes back with.

 

But my point is, that these sums are an annual earning is really really low. You really cant equate a number based on just the total population of the country and the average earning etc, it just doesnt make sense.

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I have a question regarding paying Unterhalt to my daughter who is studying (first degree) in England. My tax advisor told me there is nothing I can put on my tax form because I get Kindergeld for her. Of course, the Kindergeld is nice to have but in no way covers her accommodation, maintenance, uni fees etc. So far, I've just paid her a monthly sum and not put anything on the tax forms...now after reading the OP's post think there might be something I can set off against tax after all? I'd be grateful for any advice...

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Well, I am sure your Steuerberater is also claiming for the Ausbildungsfreibetrag of 924€ a year in your tax return.

 

But your Steuerberater is right, as long as you get Kindergeld for your daughter:

 



  1. the Kindergeld (if you are a high earner, you will get a bit extra in your tax return, because they look what applying the Kinderfreibetrag would have brought you in adddition to the Kindergeld, and you get that extra amount) and
  2. the above Ausbildungsfreibetrag of 924€
is all you can get.

 

Since 2012 it no longer matters if she has income of her own, you always get the Kindergeld and Ausbildungsfreibetrag.

 

However, as soon as you no longer get Kindergeld for her, i.e. once she is over 25 and still studies or if she finishes her studies sooner and doesn't immediately find a job and doesn't have income of her own, then you can claim the 8,130€ for supporting her with the above Anlage Unterhalt, but you will have to prove with bank transfers that you pay her at least this amount, so no cash payments.

 

You can read up on this topic here:

 

 

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Thank you very much for your prompt response. He did mention the Ausbildungsfreibetrag but as she had her own earnings of about €2500 in 2011 this took us over some limit or other and then this was no longer applicable. OK - I'm glad the tax advisor was right (although I wish he wasn't)! Thx again.

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I have just read the first link...this would seem that if in 2012 things stayed the same (i.e. child with own earnings of approx. €2500) then I could actually claim the €924 Ausbildungsfreibetrag in 2012 as they are no longer taking the child's own earnings into consideration? Can you let me know if I got that wrong? I have the whole tax return thing looming in the next few weeks and need to start getting my act together!

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Hello Panda.

It seems the link for the Anlage Unterhalt is not working anymore.

Could you please make an update?

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Hi,

 

Thanks for the very interesting article. I support my mother in India every month. I use the money2india portal from ICICI bank to send the money (http://www.money2india.eu/send_money3.html). The way it works is I transfer the money not directly to her account but first to a local account from ICICI bank and then it automatically gets credited to her account in ICICI bank through a reference number mentioned. The reason I do it it is - very good exchange rates, transfer within a day and no fees or transfer charges!

 

Now, the problem I am facing with the Finanzamt is that how do I prove that the money I transferred to the local bank account of ICICI bank in Germany is actually getting transferred to her account. Moreover they they want all the details in german! how do I prove to the satisfaction of the Finanzamt that the money actually is transferred to her account! My present tax advisor does not seem competent enough to give proper advice on this!

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