. . Germany - the taxman cometh

[LonelyRider]

The surname of my German accountant also starts with H and the offices are located in a small village, of which name starts with L.

When I first saw the letter from accountant to me I really suspected blackmail. Pay us premium consulting fees and massive amount to Finanzamt plus penalties or ... it will be more severe.

I don't know what to do either. It is something like a nightmare. I would lose all my savings and have absolutely nothing to show for a number of years solid work. I'm reluctant to refile as this isn't just about some euros (albeit a very large number) ... this is about life units. Years lost and it gives me great pain to even think about it.

PM in the post.

This is a familiar feeling. The letters and emails have so far been so vague and strange, that I have also thought they were some kind of blackmail or desperate attempts to generate more income. Then I also thought that the accountant/management CO are also trying to save their own skins, as I do not think their activities in this matter are 100% correct either and probably they have a great incentive to avoid investigations. What bothered me the most is that the emails/letters are clearly some mass postings and include information about matters that do not concern me and incorrect details about my situation. At least they could have looked at the individual situation of every client before sending anything, instead of mass mailing scary letters about a delicate matter like this.

You summarised the life situation of many of us, who have been contracting in Germany for some years recently and used management COs.

PM has been sent.

[tim123]

Sounds all too similar. I understand the Mgmt Co.s used a small handful of accountants. Maybe the surname of yours begins with H.

and a first name of K!

When I first saw the letter from accountant to me I really suspected blackmail. Pay us premium consulting fees and massive amount to Finanzamt plus penalties or ... it will be more severe.

That how letters from the taxman work in the UK as well!

tim

[LegendsWear7]

Anybody ever been prosecuted in Germany for tax ? Or come close ?

[Alter_ego]

Same here.

If everything is declared 100% inside Germany as a Freelancer: what is the tax liability ?

I've heard I'll keep between 45% and 65% ????

[Scuddy]

First things first - can anyone tell me what I need to do, to be able to PM people, it tells me I don't have the privileges but doesn't tell me how I can rectify it, I also can’t see any PMs.

In the meantime, Mr H living in a small village beginning with L working for a management company beginning with A sounds familiar.

Its worth noting at this point that these letters describe the situation in many respects very accurately, yet at the same time air on the side of vagueness.

It seems very strange to me that Mr H was paid by the ‘management company’ to represent people, yet the letter stops short of naming the management company – like he doesn’t know who they are!!!

Be under no illusion, Mr H has known for many many years exactly how the world goes round, and has known for a very long time exactly what the Finanzamt would think of it should they find out. Proving that would be extremely difficult.

I have no doubt that these letters are a definite arse covering exercise on his part. Mr H has knowingly been submitting false declarations, or at least declarations he has known to be suspect for many many years for many many people!

Concerning the link between Mr H and the management company - I do know of cases where Mr H has claimed he hasn’t been paid by the management company - difficult to read into that. However, a trip to Companies House to see who the directors/shareholders of the Ltd management company are could be useful – it would certainly put the cat amongst the pigeons if Mr H appeared on it!!!

I also understand that contacting the management company seeking any help or advice on this issues may be feutile, they will simply claim that there scheme is compliant and wash their hands of you.

Nevertheless, a bunch of contractors have been caught ‘red handed’ the cat is out of the bag and the Finanzamt are crawling all over it, and it wouldn’t surprise me if Mr Hs rusty sheriffs badge is also twitching.

It appears the way these contractors have been caught is because the companies they work for have been audited by the Finanzamt, thereby finding out exactly how much the contractors were earning versus how much they were declaring.

Its worth noting at this point that there are certain organisations around Europe that enjoy a certain level of protection from prying eyes or investigations. At least in these cases, it would be extremely problematic, bureaucratic and have EU wide implications, for tax inspectors to get their hands on the evidence they need.

I believe there are some of these organisations near to where Mr H operates.

[darmstadt]

When I first contracted for a UK company over here they tried to insist that I used a management company but I told them to get stuffed because I am resident here. After arranging and then talking with my accountant they said that the Finanzamt take a very dim view of management companies and feel that they are semi-legal here and will prosecute people who use them (this was a few years back but I have spoken and heard of people who have been prosecuted.) I would think that the safest way to contract here without actually being resident here is to do the 183 days a year rule and bill via your Ltd. The Finanzamt are very aggressive and will follow you to the end of the world to get, or what they believe is, their money.

The Finanzamt are also going after German contractors as well. I have had to defend myself as a Freiberufler and Selbständig which meant I would have had to pay an extra tax (backdated as well) and managed to get through that. Now they are investigating all my accounts but its no sweat off my back as I have a very good accountant. All I do is just give them copies of my paperwork, they keep it for a couple of months, send it back and thats it, if you have nothing to fear. This is happening to a lot of people at the moment.

I think I also know who this accountant is and remember talking to him and was not too impressed but he seems to have a lot of British contractors on his books.

[LegendsWear7]

To Scuddy: I have received a few PMs on this topic, even from people who have just registered so it should work, I think.

I just tried to send a PM to you but the option isn't in the drop-down menu when clicking your username.

[LegendsWear7]

Its worth noting at this point that there are certain organisations around Europe that enjoy a certain level of protection from prying eyes or investigations. At least in these cases, it would be extremely problematic, bureaucratic and have EU wide implications, for tax inspectors to get their hands on the evidence they need.

I believe there are some of these organisations near to where Mr H operates.

You may be referring to international organisations and possibly European institutions. If that is the case note that they are rarely engaging contractors directly and hence the Finanzamt need not 'cross the line' to find out about payments.

I have learnt this morning that 2 British contractors have been arrested this week and are currently in German custody because they cannot pay the 6 figure bail / kaution.

Mr H had/has hundreds of contractors records. Another MC using Mr H has an 'x' in the name.

With 20/20 hindsight it was a great mistake to concentrate so many people via the same accountant, no doubt all declaring their billing at exactly the same rate !

This situation commenced 14 months ago at o2 telco in Munich. Apartments raided.

Questions: how far will Finanzamt go ? Will they pursue overseas ? Surely it is easier and cheaper for them to chase local people. Go directly to prosecution or demand cash first ?

IF you take the confession route ... how long / deep is this likely to be ?

[LegendsWear7]

Now they are investigating all my accounts but its no sweat off my back as I have a very good accountant.

Darmstadt, would you be able to recommend this accountant to me ?

I was never ever happy with Mr. H but was reluctant to move to another as there was a penalty and seemed like a lot of hassle.

Mr H would charge 92/hour for a Selbstanzeige plus 58 for his assistant, who isn't qualified AFAIK. The number of hours to cover 4 tax years isn't clear.

I don't want to put even more money into his coffers. So..... *if * I take this route anf go totally clean: need to know the costs.

How much is your guy ?

[LonelyRider]

Scuddy, email directly to the webmaster of this forum and ask for activation of the PM feature for you. It will be done in a couple of hours.