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?

(3 votes)
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Meandor
2 years ago

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.

Meandor
2 years ago
Reply to  Saftderskepsis

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.

Mungukun
2 years ago
Reply to  Saftderskepsis

Yeah, but that thing is you have to be suspected first or not?

You don’t have to. The tax office must determine at each of his duties, § 88 para. 1 p. 1 AO.

Prohaska1980
2 years ago
Reply to  Saftderskepsis

This is extremely wide. If you come from Switzerland with cash, the cash registers correctly in customs, an investigation procedure will be initiated immediately.

Meandor
2 years ago

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.

Meandor
2 years ago

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.

Prohaska1980
2 years ago

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.

Meandor
2 years ago

Well, I’d like to say that I could exclude what happened in BaWü, but mistakes always happen.

Prohaska1980
2 years ago

Yes… and after a letter with explanation set again

Meandor
2 years ago

And that’s why a criminal procedure was initiated?

Prohaska1980
2 years ago

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.

Meandor
2 years ago

And the tax office invests 80 million. Citizens just from duty and hopes that it will find something?

Meandor
2 years ago

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.

Mungukun
2 years ago

(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.

PeterP58
2 years ago

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.

Fotografin1958
2 years ago
Reply to  PeterP58

There should be people who do not live for rent, but in self-used housing.

Mungukun
2 years ago
Reply to  Fotografin1958

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.

Mungukun
2 years ago

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.

Fotografin1958
2 years ago

Can’t you rent? Germans who live abroad for a long term or permanently may also rent their own properties.

anTTraXX
2 years ago

The whole thing calls itself investigation

Bananaphone0
2 years ago
Reply to  Saftderskepsis

then the expert has no answer

Bananaphone0
2 years ago

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.

anTTraXX
2 years ago

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

Bananaphone0
2 years ago

Hopefully, the financial authorities have no staff shortage.

anTTraXX
2 years ago

You are coming back;-)

so I saw it rather unnecessary to write it again

Mungukun
2 years ago

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.

klarokaro510
2 years ago

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.

Prohaska1980
2 years ago

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.

verreisterNutzer
2 years ago

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.

archibaldesel
2 years ago

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.