Wie genau soll das Finanzamt hinter einen ,,gefälschten” Wohnsitz kommen?
Da ist Jemand, ist reich und hat eine Wohnung in der Schweiz, zahlt an sie die Steuern, aber lebt sagen wir mal 9 Monate in Deutschland.
Ich habe gestern verstanden, dass man nur 6 Monate darf.
Wie dem auch sei. Meine Frage ist jetzt was genau macht das Finanzamt um zu merken, dass dieser seinen Wohnsitz in der Schweiz angemeldet hat und somit Steuern hinterzogen hat?
Simplest example. You search the apartment, take the router and the phone with you and look at the phone in the corresponding WLAN on many days.
You secure the mail account and see how often the mails are routed via Deutsche Providers.
You take the account statements and look at how often money has been raised in Germany or paid with card in Germany.
Depending on the change of life of the person, you’ll find even more.
Yeah, but that thing is you have to be suspected first or not? How do they even find out that you might have your home somewhere else??
Tax law doesn’t know anything like the headquarters. It only knows residences and ordinary stays. There is no distinction between main and secondary residence.
The tax office comes behind it as it always comes. Incidents, you kind of get up or envy show you.
And the tax office has up to 13 years to become aware of this.
You don’t have to. The tax office must determine at each of his duties, § 88 para. 1 p. 1 AO.
This is extremely wide. If you come from Switzerland with cash, the cash registers correctly in customs, an investigation procedure will be initiated immediately.
The right statement would be “up to 13 years.”
In principle, after five years of limitation, tax evasion will take place for ten years. If there is a case in which no tax declaration has been issued, there will be three years of impetus.
What do you mean, 13 years? Why not?
It is of interest to the State in so far as at least one Strabu expert invests time in a criminal case in which there are not even indications of criminal action. This violates legal principles.
I don’t know, but I think he crossed the Ba-Wü border. However, residence was in NRW. I think that’s a general statement. Doesn’t interest the State that the taxable person pays the costs.
Well, I’d like to say that I could exclude what happened in BaWü, but mistakes always happen.
Yes… and after a letter with explanation set again
And that’s why a criminal procedure was initiated?
Own professional experience
That’s what happened to a client. that was reset after a letter. But the client cost the fee.
The only suspicion was that he came from Switzerland and had cash.
And the tax office invests 80 million. Citizens just from duty and hopes that it will find something?
Who is this supposed to trigger an investigation?
If you get caught with the money you’re registered, you won’t do anything. Whoever gets caught with unregistered money is reported to the tax office.
(Financial) authorities determine themselves. Your question is similar to: how can the police find criminals?
It can send requests for information in various places. I’d like to see the bank indicated in the statement. On the basis of the account movements you can see where the usual stay is. Be it through the payments with the card or just by the cash withdrawals, which would then be predominantly in German ATMs.
You will pay rent and the landlord will make his tax return. There you dive, or Your name, yes to… but there are also other ways to determine this and you.
There should be people who do not live for rent, but in self-used housing.
But then, thanks to your unit value, the tax office knows the file number, because this statement meets the tax office for the municipalities. In addition, the tax office has already received a notification from the notary during the acquisition to determine the basic income tax. Therefore, the tax office knows very well if someone is owned by a property in Germany.
Of course you can rent. How do you think you shouldn’t? But then he would have to explain this revenue in Germany.
However, if you actually live there, as is the case with the FS, you can get bad real rental income. Then, for tax purposes, one would have to explain fictitious revenue that one does not have and tax them.
Can’t you rent? Germans who live abroad for a long term or permanently may also rent their own properties.
The whole thing calls itself investigation
Don’t you have to be suspected first? How are you suspected?
then the expert has no answer
you could take the former Corona test tent operators for this. They’re supposed to have some experience with tax fraud. Would be a possibility.
So I’ll put the daring thesis on:
Like all authorities, financial authorities also have a junior problem
But where every federal state focuses on: The tax liability
Hopefully, the financial authorities have no staff shortage.
You are coming back;-)
so I saw it rather unnecessary to write it again
I might be able to help this or the law:
The financial authority determines the facts of office, § 88 para. 1 p. 1 AO.
So you don’t have to be suspicious first. The tax office also determines so easily and even has to do it because it is required by law.
The German tax authorities are quite creative in their investigations. Random rental payments, basic tax, memberships etc can make this recognizable at some point. And of course, as part of the DBA, they can also associate themselves with their Swiss colleagues who find relatively little Swiss complaint in the Swiss tax return. If it were easy to deduct taxes in this way, everyone would do it.
He’s being shaved by tax bugs when it’s really a lot.
You get bank statements and look where he did. Then you can check the registrations of hotels.
Switzerland reports that I think. It can also be that you are asked for a tax return here. Then you have to answer such questions.
Boris Becker can answer the question. He had his official residence during his active career in Monaco, but actually lived in Germany. He got caught.