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Double Taxation issue Belgium / Germany

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    Double Taxation issue Belgium / Germany

    Hi there,

    I find myself here desperate for some advice on a pressing double taxation issue my partner is experiencing. I know i won't be able to find concrete answers as i cannot provide all the necessary information but to anyone who can provide any guidance on basic rules for such cases i would so greatly appreciate it. I apologise if these forums aren't strictly for these issues but from other discussions i had browsed it seemed logical to seek advice here.

    For some background, my partner is a Belgium national with residency in both Belgium and Germany. She is working full-time in Germany. She never unregistered as a Belgian resident, the home she grew up in - and i accept that may be a contributing issue here.

    On to the point, Belgium is attempting to claim tax on income in the days in which she was out of both Germany and Belgium. Say for example she resides in Germany for 200 days, then works for the German company abroad for approximately 100 days - sent and payed for by the German company no different to ordinary work. She obviously pays all income tax automatically to Germany, deducted automatically by her work as is the case in Germany.

    Amongst my many questions, here are some of the key ones:

    If she is a full time worker and resident in Germany, paying 100% of the necessary taxes in Germany - surely Belgium cannot ask she pays additional income tax, even on the days abroad?

    As she had residency in both countries (strictly speaking anyway), she has already payed a large sum of money for non income tax payments which were requested for social services etc?

    Where can she go to seek help, will the local Germany tax authorities assist her with her case or will it have to be a case of getting a lawyer? She has sent the Belgian authorities the documentation to support her German tax residency but they don't seem to want to budge.

    Thank you so much in advance to anyone who can assist me here! I've read all the documentation online but none seem to cover the case of the days in which she is out of both countries.

    King Regards,
    F

    #2
    Originally posted by TheWeb View Post
    Hi there,

    I find myself here desperate for some advice on a pressing double taxation issue my partner is experiencing. I know i won't be able to find concrete answers as i cannot provide all the necessary information but to anyone who can provide any guidance on basic rules for such cases i would so greatly appreciate it. I apologise if these forums aren't strictly for these issues but from other discussions i had browsed it seemed logical to seek advice here.

    For some background, my partner is a Belgium national with residency in both Belgium and Germany. She is working full-time in Germany. She never unregistered as a Belgian resident, the home she grew up in - and i accept that may be a contributing issue here.

    On to the point, Belgium is attempting to claim tax on income in the days in which she was out of both Germany and Belgium. Say for example she resides in Germany for 200 days, then works for the German company abroad for approximately 100 days - sent and payed for by the German company no different to ordinary work. She obviously pays all income tax automatically to Germany, deducted automatically by her work as is the case in Germany.

    Amongst my many questions, here are some of the key ones:

    If she is a full time worker and resident in Germany, paying 100% of the necessary taxes in Germany - surely Belgium cannot ask she pays additional income tax, even on the days abroad?

    As she had residency in both countries (strictly speaking anyway), she has already payed a large sum of money for non income tax payments which were requested for social services etc?

    Where can she go to seek help, will the local Germany tax authorities assist her with her case or will it have to be a case of getting a lawyer? She has sent the Belgian authorities the documentation to support her German tax residency but they don't seem to want to budge.

    Thank you so much in advance to anyone who can assist me here! I've read all the documentation online but none seem to cover the case of the days in which she is out of both countries.

    King Regards,
    F
    Sorry but this is the wrong place for this query, you really need to see a Belgian tax consultant.

    Comment


      #3
      If she is a tax resident in Germany, and paid tax on it in Germany she shouldn't be taxed twice.
      I assume you've already seen these links:
      https://europa.eu/youreurope/citizen...d/index_en.htm
      https://ec.europa.eu/taxation_custom...mber-states_en

      If she worked for more than 6 months back in Belgium in any given year, then that is another matter as she would be considered a Tax Resident of Belgium.

      Comment

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