Finanzamt asking money to us, while the landlords are not paying taxes

44 posts in this topic

A strange letter arrived from Finanzamt. If I traslate well, my landlord owe a large amount of taxes to them, and they ask ME to stop to pay the rent and to redirect these money to Finanzamt.

I have many questions, but unfortunately they sent this letter just one day before the school vacations...fortunately I will be back before the due date (in 2 weeks) but...

What do you think ?

Is it legal ?

what should I do ? Just do what they suggest ? but what happens if then the landlords sue me because I stopped to pay the rent ??

Thanks a lot for any recommendation...

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Scan the letter, black out personal details & post it here.  Otherwise anyone giving opinion / advice is basing it on your possible shaky translation.

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What bank does it say you are to pay, under what name, and what IBAN?

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Konto-Nr.: 20001530
Bankleitzahl: 200 000 00

 

That looks about right.

 

No expert here, but if I were you I'd contact the landlord and tell him your rent is going to go to the Finanzamt unless he covers his tax debt. A copy of the paper you received would help there.

A personal visit to the local Finanzamt if you have the time might clear up any of your questions. I doubt the landlord could successfully sue you, in any event.

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1 minute ago, fraufruit said:

Join the Mietverein ASAP!

 

Why should I pay money in any way for a fault of someone else...this I do not understand and would spoil my trust in the German system. Already the fact that Finanzamt is complicating the life of someone that paid always everything is a bit on the border.
But I will speak with the Landlord and the Finanzamt, I hope to find reasonable people.

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I hope you are successful. I only suggested the Mietverein because they are cheap and can help you with any further inquiries. I would definitely consult them before sending my rent to another entity. I have never heard of such a case before which doesn't mean it never happens, of course.

 

Best of luck with your case.

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1 hour ago, maurice74 said:

 

Why should I pay money in any way for a fault of someone else...

 

Because the Finanzamt orders it. This does not happen so often, but it happens when the tax office otherwise has no possibility to collect the debts of the person who has them - in this case your landlord. The legal basis for this is § 829 ZPO:

 

https://dejure.org/gesetze/ZPO/829.html 

 

You are paying the money anyway – only the receiver changes.

 

1 hour ago, maurice74 said:

 

this I do not understand and would spoil my trust in the German system.

 

Why?

 

1 hour ago, maurice74 said:

 

Already the fact that Finanzamt is complicating the life of someone that paid always everything is a bit on the border.

 

It makes your life complicated to change a standing order? 

 

 

 

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8 hours ago, maurice74 said:

 

Why should I pay money in any way for a fault of someone else...this I do not understand and would spoil my trust in the German system. Already the fact that Finanzamt is complicating the life of someone that paid always everything is a bit on the border.
But I will speak with the Landlord and the Finanzamt, I hope to find reasonable people.

What´s your problem? You won´t have to pay in duplicate. Basically, what happened is that the Finanzamt impounded your landlords claim against you. Therefore, instead of having to pay to your landlord you have to pay them. There is no disadvantage to you.

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It complicates because my landlord is also my neighbour and I fear consequences. I had in the past in a different flat, we had to live that time.

And I still do not undestand why they are exposing me. My landlard has houses, cwrs, bikes...is asking to me the only chance of Finanzamt or it is because is the simplest (for them) choice?

In this sense they spoiled my trust in the system.

Of course I will do what they force me to do it, but it does not mean that I feel it right.

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35 minutes ago, maurice74 said:

And I still do not undestand why they are exposing me.

 

They are not exposing you, where is the exposure here? You transfer the rent to another account, that's all. 

 

If anyone is exposed, it's your landlord. Don't make his problem yours. 

 

Quote

My landlard has houses, cwrs, bikes...is asking to me the only chance of Finanzamt or it is because is the simplest (for them) choice?

 

Strange that you lose confidence in the "system" because of this trifle, but on the other hand you expect the tax office to expropriate your landlord and take his houses away from him ... 

 

Quote

In this sense they spoiled my trust in the system.

 

The system will be able to live with that. Exactly the same procedure has also been law in Italy since 2017. 

 

 

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1 minute ago, someonesdaughter said:

 

The system will be able to live with that. 

 

 

 

That's for sure!

However, thanks for the double check on the letter.

Positive side, I was understanding that quite well, I can be happy of my German skills even if improvement is always possible

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57 minutes ago, maurice74 said:

is asking to me the only chance of Finanzamt or it is because is the simplest (for them) choice?

No, but it´s the easiest and cheapest. Why should they cause additional cost for sending a bailiff and have things impounded and foreclosed if all it takes is sending you a letter?

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1 hour ago, someonesdaughter said:

They are not exposing you, where is the exposure here? You transfer the rent to another account, that's all.

 

I suppose the OP is fearing that the landlord might throw him out (or some other form or harrasment) for non-payment of rent.

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6 minutes ago, HEM said:

 

I suppose the OP is fearing that the landlord might throw him out (or some other form or harrasment) for non-payment of rent.

 

Exactly. Because I had bad experiences in the past and in Hamburg they can do whatever they want, they will always be able to rent again in few hours

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I think you should still join the mieterverein, even if it costs a little, because they can help you figure out how you can protect yourself against the landlord if he tries to get back at you.  It's cheaper than hiring a lawyer anyway.   First I'd go to Finanzamt and make sure the letter is real.  Then join the mieterverein and ask them if you have to do this.  If they say no, legally you don't have to, then you don't have to.  If they say yes, legally you must pay your cold rent to Finanzamt, then you will have to inform the landlord and do that.

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Note that it says you're only supposed to transfer the cold rent to the Finanzamt. You should continue to pay the installments for the other costs (Nebenkosten) to the landlord.

 

You are also required to complete the form that came with the notice within 2 weeks, or you may be fined for noncompliance. It's essentially a confirmation that you will pay the rent to the city, as instructed, and not to the landlord, unless there are mitigating circumstances for you doing otherwise (which you are also expected to specify, if any).

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The legal term is "Drittschuldnerpfändung".

 

It is about the same as you owing the Finanzamt money: They will send a letter to your employer and demanding him/her to transfer your wage to them.

 

Your landlord owes the finanzamt money, and you owe him a rent every month. The Finanzamt simply cuts the middleman out and demands you to transfer the money to them right away.

 

I was in the same situation (as a tenant) some years ago...

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