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Tax Evasion - Can spouse or children be held liable?

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Very straight forward question here, one I cant seem to find an answer to anywhere online: 

 

1. If someone has avoided paying income taxes in Germany for the past X amount of years, by having a false domicile in other country (lets say Italy for example), and are caught, can this persons spouse, children, relatives etc be liable for repayment of said tax bill?  Meaning, live in Germany in a border zone, while working in another country (Italy), and paying Italy taxes when person should be paying taxes in Germany. 

 

Cheers and thanks in advance. 

 

-FM

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ok seriously.  If they aided and abetted your crimes, then I'd expect they could face some serious problems themselves.  Otherwise I am not sure.  

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2 hours ago, TraceKira said:

expect police to knock on your door soon lol

 

 

Why do you think this is a police matter?

 

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Did your spouse file a joint tax return with you? Did s/he know that you were doing this?

 

If yes, then yes.

 

Your children will just lose the benefit of the money that would have been in the house.

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8 minutes ago, AlexTr said:

Did your spouse file a joint tax return with you? Did s/he know that you were doing this?

 

If yes, then yes.

 

Your children will just lose the benefit of the money that would have been in the house.

 

I interpret the question not as "is my family guilty of my tax evasion?" but as "I owe money to the tax office: can they still get it if I transfer my assets to my wife and children?".

 

Either way, I have no idea!

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2 minutes ago, Smaug said:

 

I interpret the question not as "is my family guilty of my tax evasion?" but as "I owe money to the tax office: can they still get it if I transfer my assets to my wife and children?".

 

Either way, I have no idea!

 

I had not seen that. Good eye!

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7 minutes ago, AlexTr said:

 

I had not seen that. Good eye!

 

I think I have a criminal mind rather than a good eye! :D

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Thanks all. The question is really more so: 

Can the kids or spouse be liable if accused is say, diseased, fled the country, mentally handicap etc etc. Assuming kids/spouse had not a clue as to any of this could the government make the kids/spouse pay the debt.

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18 minutes ago, whatwhat said:

Thanks all. The question is really more so: 

Can the kids or spouse be liable if accused is say, diseased, fled the country, mentally handicap etc etc. Assuming kids/spouse had not a clue as to any of this could the government make the kids/spouse pay the debt.

 

If money is transferred to the spouse's name during the time while the crime is being investigated, then that money will be forfeit.

 

Anecdotally, I know of a case where the daughter of a wealthy family transferred some of her money to her father in order to get a tax benefit. Not only did the Finanzamt discover the transfer, it made her pay back all the money plus a penalty and a fine, and fined her father for participating.

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54 minutes ago, whatwhat said:

Thanks all. The question is really more so: 

Can the kids or spouse be liable if accused is say, diseased, fled the country, mentally handicap etc etc. Assuming kids/spouse had not a clue as to any of this could the government make the kids/spouse pay the debt.

To a degree, yes.  If the taxpayer died and owed taxes, the estate would be held liable first.  If selling the estate did not cover the owed taxes, then the German Government would turn to the spouse and or kids (depending upon age) for the remainder.  There are certain circumstances where to spouse or kids are not held liable, but I cannot recall specifics. 

I would imagine that mentally handicapped would, to a degree, be included in the above, but it would depend upon the type of handicap and government monetary support.


When one dies here in Germany (and other countries as well) the inheritance is not only for the good, but bad as well.  If one assumes the assets, then one assume the debt as well.

Fled the country?  Not sure.  Germany has numerous extradiction agreements throughout the world and it would highly depend upon the amount owed.  A few hundred yo-yos, probably not worth the effort.

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1 hour ago, BayrischDude said:

To a degree, yes.  If the taxpayer died and owed taxes, the estate would be held liable first.  If selling the estate did not cover the owed taxes, then the German Government would turn to the spouse and or kids (depending upon age) for the remainder.  There are certain circumstances where to spouse or kids are not held liable, but I cannot recall specifics. 

I would imagine that mentally handicapped would, to a degree, be included in the above, but it would depend upon the type of handicap and government monetary support.


When one dies here in Germany (and other countries as well) the inheritance is not only for the good, but bad as well.  If one assumes the assets, then one assume the debt as well.

Fled the country?  Not sure.  Germany has numerous extradiction agreements throughout the world and it would highly depend upon the amount owed.  A few hundred yo-yos, probably not worth the effort.

 

Thanks. I appreciate everyones replies.

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