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What is the Statute of Limitations on taxes from income earned

Customer Question

What is the Statute of Limitations on taxes from income earned in Germany by an American citizen? What is the procedure for asserting the statute as a defense to avoid problems when coming to Germany?

Submitted: 12 months ago.
Category: German Law
Expert:  Fran-mod replied 12 months ago.

Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!

Customer: replied 12 months ago.

Yes, I am still waiting for an answer

Expert:  Fran-mod replied 12 months ago.

Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.

Expert:  legal eagle replied 12 months ago.

Dear Customer,

thank you for using Just Answer.

If the taxes are already due the statute of limitations is 5 years beginning with the end of the year the taxes were due


If they are not due it is 5 years as well, in severe case like tax fraud 10 years.



I hope I was able to help


If you have any further questions please do not hesitate to ask


thank you

Customer: replied 12 months ago.

Thank you. From your answer the statute has run. How do we clear our record in Germany to avoid problems entering the country?

Expert:  legal eagle replied 12 months ago.

Dear Customer,

I do not think you `ll have any problems entering Germany because of not having paid a few taxes.


For this your not having paid the tax would have to be persecuted as a crime with an arrest warrant out which is highly unlikely.




Customer: replied 12 months ago.

Thank you for your answer. What does one have to do to check that my son's name has been removed from any list at the airport that would cause him to be detained?

Expert:  legal eagle replied 12 months ago.

Dear Customer,

thank you for replying and so sorry I kept you waiting ( I am cuurently on holiday)


So as I already told you I do not think it likely that there is an arrest warrant out.


In order to make absolutely sure you son can pass the border without being arrested he has to contact the Finanzamt where the taxes should have been paid and agree to pay them , maybe in istalments.


Because in the unlikely case that an arrest warrant is out they do not give out informations to the person about to be arrested so there is no way to find out.




I hope I was able to help

Should you have any further questions please do not hesitate to ask


PLEASE DO ONLY GIVE FEEDBACK WHEN YOUR QUESTION IS FULLY ANSWERED

THANK YOU

Customer: replied 12 months ago.

Thank you for your answer. I think we are getting close, however, my son does not feel he owes any taxes since the horses from which he derived income (as a broker) were exported out of Germany within the required time. Therefore, he does not want to pay any taxes, since he paid taxes in the U.S. To phrase the question another way, do the border authorities automatically drop claims that have exceeded the Statute of Limitations, or do they make you assert the Statute as a defense? Would it help to check his credit report in Germany and how do we go about doing that?

Thank you, again.

Ann Abbott

Expert:  legal eagle replied 12 months ago.

Dear Customer,


the problem is that once there is an order out that he has tp pay the taxes it is valid and he owes those taxes and there is nothing that can be done anymore.

The statute of limitations concering the taxes has nothing to do with the possibility of not paying taxes being persecuted as a criminal offence.


If the arrst warrant for t h i s is out your son still might have a problem

So the only thing he can do is phone the Finanzamt where the txes were owed



if i have helped positive feedback would be much appreciated


thanks

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