Attention family bond
You do not want to be resident in Germany anymore? In order to achieve this, you must relocate both from your residence as well as your habitual residence from Germany. In concrete terms this means:
You must leave Germany with your entire family living in your former household. So it is not enough for you to leave your home country alone and leave your wife and children in Germany. The undesirable result: You are presumed that you still have the food point in Germany because of the close family ties.
There are also specific regulations for your home:
- If they are tenants, the lease must be terminated for a house or apartment.
- Are you selling your property or renting it at least permanently.
- They must be economically excluded from spontaneous self-employment!
The German Treasury also installed a horse-foot here. Rental to close relatives or a temporary rental is not recognized!
- However, if you only have a temporary rental, you need to search new users for the property just before or immediately after the expiry of the temporary rental contract.
- If you can not prove these rental efforts, you are advised to provide the living space for your own use. Even the mere possession of a key is disadvantageous!
- Even the power of one room, for example, with close relatives or friends, leads to the unfortunate assumption that you are still resident in Germany.
Attention Period of stay
They have to stay less than 6 months (183 days) or less than one year in Germany for exclusive visits, recreation and spa stays. Attention!
The current case law has further exacerbated the requirements: even the regular overnight stay for several days a month can lead to an ordinary stay in Germany, even if you do not live an 183 days in one piece here.
Short term stays in Germany
Short-term interruptions of the stay in Germany are not taken into account and are counted as a cohesive stay.
It is not only the "weekend trip to the new home that is considered short-term, but a period of three to four weeks (eg annual leave abroad).
Unwanted tax liability in Germany
All these points must be observed, so that a change of residence according to German tax law has actually taken place.
Otherwise, even if you are staying for more than one year, you will continue to be resident in Germany with the undesirable consequence of the comprehensive German tax liability with your world income.
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