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We have already published a number of videos on this channel about extended limited tax liability under Section 2 AStG. This video now offers a comprehensive overview of this complex topic.
As an emigrant from Germany, you are affected by the extended limited tax liability in the year of your departure and in the 10 years thereafter if the following conditions are met:
👉 You are a German citizen,
👉 You have been a German citizen with unlimited tax liability in Germany for at least 5 years in the 10 years prior to your departure
👉 You live in a low-tax country or have no place of residence (= nomad, perpetual traveler) and
👉 You still have significant economic interests in Germany.
If you are affected by the extended limited tax liability, you must initially continue to file tax returns in Germany for 10 years (or as long as the above conditions are met).
Important tax disadvantages resulting from the extended limited tax liability are
👉 You are still subject to unlimited inheritance and gift tax liability in Germany for 10 years;
👉 If the shares are in free float in German companies, the proceeds from the sale are taxable in Germany;
👉 When selling Bitcoin and other crypto assets, you may still have to follow German taxation rules for 10 years (1-year holding period, legal situation unclear);
👉 Digital nomads who earn more than 16500 euros per year via a US LLC, for example, must continue to pay tax on this income in Germany.
In this video, we explain the consequences of the extended limited tax liability for you and how you can protect yourself against it.
00:00 - Everything about the extended limited tax liability
00:18 - Not really new
01:21 - If you want to leave Germany, you may have to pay dearly for it
02:23 - 1. German citizenship
03:03 - 2. Unlimited tax liability
04:08 - 3. Economic interests
06:56 - 4. Moving to a low-tax country
09:54 - Who can even judge that?
13:13 - Legal consequences of extended limited tax liability
14:23 - Continue to hold assets in Germany?
15:54 - Unlimited inheritance and gift tax liability
17:42 - Other taxable income
20:15 - Special case: digital nomad / perpetual traveler
22:27 - The crux of the matter with cryptos
26:08 - Protection from extended limited tax liability
28:27 - The importance of DTAs with Germany
30:48 - A secure permanent establishment
31:49 - A few words at the end
= Background =
👉 The extended limited tax liability according to § 2 AStG: www.wohnsitzausland.com/fachw...
👉 Law on the taxation of foreign relations (Foreign Tax Act): § Section 2 Income Tax: www.gesetze-im-internet.de/as...
👉 Principles for the application of the Foreign Tax Act (letter from the Federal Ministry of Finance): www.bundesfinanzministerium.d...
= Our websites =
www.perspektiveausland.com/
www.wohnsitzausland.com/
uskanzlei.com/
www.auslandsunternehmen.com/
stmatthew.de/
www.nullsteuer.llc/
www.malta1.de/
www.nullsteuer.llc/
www.assetprotection.plus/
= About Perspektive Ausland (perspective abroad) =
Anyone who wants to move as an entrepreneur or freelancer from German-speaking countries to (tax-efficient) foreign countries or become a digital nomad has a lot of tax and legal questions.
Country selection, international tax law, setting up a company abroad, exit tax, visas, capital investments and asset protection - these are just some of the topics that you now have to deal with.
Perspektive Ausland (perspective abroad) is a German podcast from London that deals with exactly such questions. No matter what your motivation for moving abroad is - less taxes, more freedom or a higher quality of life - you've come to the right place.