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EXPLAINED: Do I have to declare income from foreign sources on my German tax return?

If you're a resident in Germany, you will typically have to declare and pay tax on your worldwide income. But there may be some exceptions in certain cases.

A German tax declaration form with the box indicating income tax return ticked.
A German tax declaration form with the box indicating income tax return ticked. Photo: picture alliance / Hans-Jürgen Wiedl/dpa-Zentralbild/dpa | Hans-Jürgen Wiedl

If you’re filling in a German tax return, you are generally legally required to declare and pay tax on all income you earn – wherever in the world you earn it. This is true even if you keep the money abroad.

In most cases, your worldwide income is subject to what’s called “unlimited tax liability” – which means that there’s no exemptions or discounts on your taxes for money earned abroad – whether its from work or capital gains like the sale of stocks. This is generally even true if Germany doesn’t have a Double Taxation Agreement (DTA) with the other country in question.

If, however, Germany does have a DTA – some of your tax might end up getting limited in Germany. This is generally providing that you’ve paid it in the other country.

For example, the US may apply a withholding tax to payments made to you for freelance services you provide in the US, for example. In this case, the DTA between Germany and the US would allow you to submit documentation proving that you’ve already paid tax on this payment in the US. That’ll prevent you from having to pay tax again in Germany on the amount that actually gets wired to your account.

READER QUESTION: How can I find a German tax advisor?

Who has a double taxation treaty with Germany?

Germany has concluded double taxation agreements with numerous – but not all – countries and territories. You can check out the German government’s dropdown menu here to see which countries are on the list.

German residents earning money in other EU countries should still check this list, as certain tax provisions may be unique to the two countries in question.

READ ALSO: Everything you need to know about paying taxes in Germany

What about rental income?

As a general rule, rental income is taxed in the country where the property is located, meaning you don’t have to declare or pay it in Germany. There are some notable exceptions – for example if the property is located in Spain. In this case, you would report this income in Germany.

What about inheritance?

Some double taxation agreements have clauses that specifically govern what tax rules there are around inheritance that a German resident might get from abroad.

In general, the inheritor will still have to pay inheritance tax in Germany, but could see their tax liability reduced if tax already has to be paid abroad.

There are also other exceptions possible, such as if a child receives a property in their parent’s will and then proceeds to live in it for at least 10 years after they acquire it. In this case, they may not need to pay any tax on it.

In certain complicated cases – or if you have any doubt – it may be a good idea to seek out the services of a professional tax advisor who can make sure you don’t get in trouble with the Finanzamt (tax office). 

READ ALSO: Do foreigners owe tax in Germany on money that is inherited from overseas?

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Is it legal to grow cannabis in a German allotment garden?

Germans love their Kleingärten - or allotment gardens. Now that cannabis has been partially legalised in Germany, some people are wondering if it is legal to grow weed there. Here's what you need to know.

Is it legal to grow cannabis in a German allotment garden?

Germany changed the law around cannabis on April 1st. 

Under the first step, adults over 18 are now allowed to carry 25 grams of dried cannabis and cultivate up to three marijuana plants. 

Many people in Germany have an allotment garden – known as Kleingarten or Schrebergarten. This is a plot of land that city-dwellers can rent out to use as their own garden. They can grow various things there like flowers and vegetables. 

There are over 900,000 throughout the country, and the Federal Association of German Garden Friends estimate around five million people use a Kleingarten.

READ ALSO: How to get a Kleingarten in Germany

So is it possible to grow cannabis there?

As always when it comes to Germany, the laws are tricky to clarify but in general the answer is: no. According to the German Health Ministry, cultivating marijuana plants in allotment gardens is generally not permitted – because growing cannabis is only legal ‘at someone’s place of residence’ under the new law. 

A ministry spokesperson told DPA that cultivation in allotment gardens would only be legal on the condition that the person growing the cannabis is resident there.

“This is not usually the case,” said the spokesperson, referring to the Federal Allotment Garden Act which does not allow people to have homes at their allotment. 

It is regulated by law that an arbour or shed in an allotment garden is not suitable for permanent residence. “In addition, the legislator expressly rejected the conversion of arbours into small private homes in the procedure for the Federal Allotment Garden Act,” said the ministry spokesperson.

There is one exception, however. 

It applies within the framework of the protection of existing rights if the owner of an allotment garden already lived there or used the allotment as a residence before the Federal Allotment Garden Act came into force more than 40 years ago.

“The rights of an allotment gardener to use his allotment garden for residential purposes remain in force if they existed when the Federal Allotment Garden Act came into force on April 1st 1983 and no other regulations prevent residential use.”

Someone holds part of a cannabis plant

Cannabis is partially legalised in Germany. Photo: picture alliance/dpa | Karl-Josef Hildenbrand

The German Hemp Federation had been questioning whether cultivation at allotments was allowed, and said they believed it was under the law. 

The federation pointed out that the text of the law states that adults can grow up to three cannabis plants “at their place of residence or habitual abode”.

But that the explanatory notes go on to say: “Private cultivation is the cultivation of cannabis in the private home. The term ‘dwelling’ within the meaning of this law includes all premises dedicated to private residential purposes, including gardens, allotments, weekend houses, holiday homes, etc.”

For this reason there has been confusion – but the Health Ministry has tried to clarify this by pointing out the various laws and the exception regarding allotments. 

Can you smoke cannabis at an allotment garden?

So people cannot cultivate cannabis at their Kleingarten – but can they legally smoke it?

The answer is yes – as long as the person in question is an adult and the garden is not near a school or similar facility. 

Under the new law, cannabis will remain banned for under-18s and within 100 metres of schools, kindergartens and playgrounds.

As the next step in the legal reform, from July 1st it will be possible to legally obtain weed through “cannabis clubs” in the country.

These regulated associations will be allowed to have up to 500 members each, and will be able to distribute up to 50 grams of cannabis per person per month.

However, given that the cannabis law was passed at short notice on April 1st, it is unclear how many of these clubs will be established in time for July. 

READ ALSO: What to know about Germany’s partial legalisation of cannabis

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