SHARE
COPY LINK
For members

AMERICANS IN GERMANY

‘It led to divorce’: How US tax rules burden Americans in Germany

While everyone who moves to Germany faces their own particular challenges, Americans living and working in the country are increasingly reporting anxiety and financial headaches due to US tax rules.

'It led to divorce': How US tax rules burden Americans in Germany
Yearly tax returns in both the US and Germany, and onerous reporting requirements are causing Americans in Germany stress. Photo: Pixabay

Responsible for these worries are the taxation requirements imposed by the US government on American citizens living abroad including Germany, and the legislation that compels them – and their banks – to report their assets.

Alongside Eritrea, the US is the only country in the world basing their taxation system on citizenship rather than residency.

The burden and anxiety this causes is a major factor that is contributing to increasing numbers of Americans across Europe renouncing their citizenship

But it also harms the lives of Americans living Germany as many who responded to a survey attested to.

The dismay and anger that many Americans in Germany feel was highlighted in a report by advocacy group SEAT (Stop Extraterritorial American Taxation). 

READ ALSO: Why are more and more Americans in Europe renouncing US citizenship

One said the tax burden and stress that came with was partly to blame for their divorce whilst others spoke of difficulties saving or money or the huge costs they face because they need to pay for specialist financial advice.

“I would love to invest in my life in Germany but am too scared to do so,” said one respondent.

Twice the tax returns and onerous reporting requirements

While the United States and Germany have had a treaty in effect since 1990, that endeavours to prevent ‘double taxation’ on the same income and assets, Americans are still compelled to file a tax return each year, detailing any US-based assets each year, regardless of where they reside.

Failure to do so risks severe fines from the IRS (Internal Revenue Service). This can also impact the thousands of so called ‘Accidental Americans‘ – often those who were born in the US to foreign parents but have no real link to the country.

Additionally, Americans are subject to two requirements when filing, that can cause substantial problems. 

Since 2010, the Foreign Account Tax Compliance Act (FATCA) has required foreign banks who provide accounts to American citizens to report these to the US government. Developed in an attempt to halt international money laundering, FATCA has caused many German banks to either refuse or impose restrictions on American customers, citing significant costs with zero practical return. 

This adds to the existing stress caused by the requirement, since 1970, for American citizens abroad to file an FBAR (Foreign Bank and Financial Accounts Report) alongside their tax return each year.  An FBAR contains the details of any foreign bank accounts an American holds that contains more than 10,000 USD – something that impacts many mortgage and investments. This has raised significant privacy concerns in both the US and Europe for decades. 

READ MORE: Why are Americans being turned away from German banks?

‘This is bull****’

The dismay and anger that many Americans in Germany feel has been highlighted in a report by advocacy group SEAT (Stop Extraterritorial American Taxation). 

Nearly all respondents found the requirement to report unfair and onerous, with one summing up the feelings of many saying: “This is bulls***.” 

However, others went into more detail as to how the obligation to file a yearly tax return in the US was proving a costly burden. 

One American resident of Germany, originally from New York told SEAT: “I’ve lived abroad for over 30 years and have never earned a great deal of money but have had to pay thousands each year to get my US taxes prepared by a professional so I don’t get in trouble, even though I don’t owe tax. This is hugely stressful (and) time consuming.”

Another resident from South Dakota was unable to save for his daughter’s future, saying: “I also have had to shut down my daughters savings account – she is a US citizen – to which I am naturally a signatory. The interest accruing there was making it more difficult to do my (tax) returns. Now I store cash at home as a savings which I despise.” 

The obligation to file yearly returns has also intensified conflicts, leaving some at a loss. A Germany-based American from West Virginia lamented: “I am going through a divorce and am severely disadvantaged by the fact that all assets are held in my husband’s name due to complications of US taxation… I feel anxiety.”

A New Hampshire respondent was blunt, telling SEAT that they would not seek the citizenship their children would have a birthright to: “When I have children, I am strongly considering not passing on US citizenship… because of the tax obligations.”

‘I am toxic’

While many respondents were furious at having to file a tax return in both Germany and the United States, they were far more angry at how the FATCA and FBAR requirements have impacted them. 

“Since 2013, my wife and I have had to struggle with the fact that I am toxic. I am tired. There is no future for Americans abroad. We will one day be forced to come back just to live normal lives”, responded one former Kentucky resident. 

Another Californian highlighted the privacy concerns that the FATCA and FBAR requirements raise for their spouses, telling SEAT: “My foreign spouse gives up his privacy on my tax declaration to a country we don’t reside in.”

One American in Germany blamed the FATCA and FBAR requirements for contributing to the ending of their marriage: “FATCA is just a pain. It is illegal to ask for your spouse’s information if they are not a US citizen. My ex-husband hated this – refused to comply – and that is one of the reasons we divorced!” 

These requirements also extend to dual-citizens, and particularly so-called ‘accidental Americans’.

One expressed shock at discovering their tax obligations and reporting requirements later in life: “Both parents are German. I have no family in the states, nothing. Since 1963 I have lived in Germany, My English is bad, I heard about FATCA in 2016, one year after my husband passed away. I was so shocked, I could not believe this, and I am still scared.”

The same respondent was later asked by Commerzbank to close her share portfolio, due to her US citizenship. 

A dual citizen responded: “I am angry that although I am a German citizen, that I am treated as a ‘foreigner’ when it comes to opening and maintaining a simple bank account here in Germany.”

‘I would love to invest in my life in Germany but am too scared to do so’

One theme is repeated throughout the survey’s respondents based in Germany: These taxation requirements are preventing them from fully settling in the country that some even hold citizenship in. 

“I would love to invest in my life in Germany but am too scared to do so. I’m scared to buy a house, or invest in stocks – not even possible, it is hard for me to get a bank account, I have no idea what will happen when if I receive some kind of inheritance from the United States”, responded one South Dakotan. 

Another respondent from Michigan echoed these sentiments: “Can’t save properly for retirement. Can’t be co-signer on my wife’s business so she ends up with a higher interest rate and additional life insurance requirement. Can’t save properly for my daughter’s education.”

A response from a former Georgia resident put it succinctly: “When I fill out forms at banks, and they ask where I was born, the minute I put the US – that’s the end of it. I can’t do anything.”

Member comments

Log in here to leave a comment.
Become a Member to leave a comment.
For members

TRAVEL NEWS

Should travellers in Germany buy flights before ticket tax hike in May?

The German government is raising an air travel tax by around 20 percent from May. What does this means for travellers?

Should travellers in Germany buy flights before ticket tax hike in May?

Air travel from Germany is getting more expensive. 

That’s because, from May 1st, the Luftverkehrsabgabe or ‘aviation taxation and subsidies’ air traffic tax is being hiked by around 20 percent. The extra costs will likely be passed onto customers. 

Here are the most important points.

What is the air traffic tax – and why is it being raised?

Since its introduction in 2011, the air traffic tax – also known as the ticket tax or air traffic levy – has generated high revenues for the state. Recent figures show that it brought the government almost €1.2 billion revenue in 2022 and €1.6 billion in 2023.

The move to raise the ticket tax from May is part of German government measures to save money following a ruling on spending by the Federal Constitutional Court last year. The government expects additional annual tax revenue of between €400 and €580 million in the coming years from raising the ticket tax.

READ ALSO: Five budget cuts set to impact people in Germany in 2024

How much is it going up?

All flight departures from a German airport are taxed. The tax currently costs between €13.03 and €56.43 per ticket depending on the destination. These costs are ultimately passed on to passengers.

From May 1st 2024, the tax rates will be between €15.53 and €70.83 per ticket – depending on the destination. 

Here are the additional costs at a glance:

  • Up to 2,500 kilometres – for flights within Germany or to other EU countries, the tax rises to €15.53 per person and journey from €13.03
  • Up to 6,000 kilometres – on medium-haul flights, the ticket tax increases to €39.34 from €33.01
  • More than 6,000 kilometres – for longer flights over 6,000 kilometres, the tax rises to €70.83 from €59.43

Only flight tickets for children under the age of two – provided they have not been allocated their own seat – and flights for official, military or medical purposes are exempt from the tax. 

READ ALSO: Everything that changes in Germany in May 2024

Does this mean I should buy a ticket to fly before May?

It could make sense to book a flight before May 1st if you are planning a trip or holiday abroad. Those who buy a flight before the tax is increased will pay the lower tax – even if the flight is later in the year. 

There is still a question mark over whether the tax can be backdated on the pre-paid flight ticket. However, according to German business outlet Handelsblatt, it would be legally difficult for airlines to demand an increased tax retrospectively.

German travel outlet Reisereporter said this is one reason “why the airlines have not yet informed air travellers of the planned increase in ticket tax”.

What are airlines saying?

They aren’t happy about the hike, mostly because they already feel bogged down by fees and operating costs at German airports. 

The airline association ‘Barig’ has warned that charges at airports and in airspace are already high. According to the Federal Association of the German Air Transport Industry, the departure of an Airbus A320 in Germany costs around €4,000 in government fees, while in Spain, France and Poland it is between €200 and €1,500. These costs are generally passed onto customers,  making buying tickets from Germany more expensive than other places. 

The effects of the increased ticket tax will be most noticeable for low-cost airlines offering budget flights. 

A spokesperson from EasyJet recently told The Local that it was “disappointed with the increase of the passenger tax”, and that the “cost increase will result in higher fares for consumers and damage Germany’s connectivity”.

READ ALSO: ‘Germany lacks a sensible airline policy’: Is budget air travel on the decline?

Meanwhile, the aviation industry is concerned that air traffic in Germany is lagging behind other European countries and is recovering at a slower pace since the pandemic. According to the German Aviation Association BDL, around 136.2 million seats will be offered on flights in Germany from April to September 2024. This is six per cent more than in 2023, but only 87 per cent of the number of seats available before the pandemic (2019).

In the rest of Europe supply is expected to rise above the pre-pandemic level. 

SHOW COMMENTS