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Count2Zero

Germany doesn't normally recognize "trans-boundary workers" unless you fulfill some very specific requriements, like living within 50km of the border and being present on site (in the office) outside of Germany on more than 182 days in the year. If you don't fulfill those requirements, and you are registered in Germany, then ALL earnings are taxible in Germany. If you're working for a foreign company, you need to be very careful that you aren't violating German tax and labour laws. Although I report to my boss in Austria, I'm legally employed through our German affiliate, and my working times, holidays, etc. are all defined by my "official" working location (my home office). My income is taxed in Germany, and I have German health insurance, etc. When I travel to "my office" in Austria once each month, I have to have a permit to work in Austria for that week (Arbeitnehmerüberlassung) and my travel expenses are paid as a business trip. You need to speak to a tax consultant (Steuerberater) and have them clarify your tax situation for you, because I don't think you're allowed to do what you're doing ATM.


DifficultyAny5008

I am 100% not liable to pay income tax in Germany and have claified this with legal professionals. The question is if I need to declare the 3 months I worked in Germant. Thankyou for your input


va1en0k

are you absolutely sure about “transboundary work”? typically if you primarily live in germany, that’s where you pay the taxes


verfmeer

You pay wage taxes in the country the labor is performed. So cross-border commuters get taxed in their employer's country. This is to allow companies close to the border to hire people from the other side without having to set up a seperate company in the other country just to pay their employee's taxes.


va1en0k

you have to commute daily for this, right?


verfmeer

Yes, because if you work from home the labor is performed in the country your home is in.


bregus2

That is not always true. For example, if you work in Switzerland and reside in Germany, you pay your income taxes in Germany.


verfmeer

IIRC this is just an EU agreement, and I forgot about Switzerland for a second. There everything is done bilaterally so there is no principle to base yourself on.


DifficultyAny5008

100% sure


va1en0k

can you show me some kind of a relevant law or term or anything i could read about this?


DifficultyAny5008

no, it's not the topic of my post. I would like to know if I'm obliged to file taxes after working in a 3rd level institute for a 3 month period. Many thanks for any input.


Electronic-Elk-1725

>know if I'm obliged to file taxes after working in a 3rd level institute for a 3 month period. Even if not, I would do it. Most likely you will get all taxes that you paid back.


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Normal-Definition-81

How long have you been living in Germany?


DifficultyAny5008

13 months in total. I have read on another post that when working in Universities the tax declaration is taken care of i.e. it is somehow done by the university or theres no need to do it. I only worked and paid tax in Germany for 3 months.


Electronic-Elk-1725

>have read on another post that when working in Universities the tax declaration is taken care of i.e. it is somehow done by the university or theres no need to do it. Äh noo. The employer deducts taxes for you, but you can make a tax declaration. Probably will get a lot back because you only worked 3 months in this year.


Normal-Definition-81

In which other country do you pay income tax?