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legal eagle
legal eagle, Attorney
Category: German Law
Satisfied Customers: 10795
Experience:  20 years of experience in all kinds of law, especially employment law and family law.
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Hello. I am a German national and my son was also born in

Resolved Question:

Hello.

I am a German national and my son was also born in Germany. So I have been receiving Kindergeld. I have worked in Germany for 2 years (in which I have received Elterngeld for 1 year), however now I am moving to UK to work for a UK based company (along with my husband). Can I continue to get Kindergeld while staying/working in UK or do I need to cancel it? I do not intend to claim child care allowance from UK if I can continue to get kindergeld from Germany as the allowance in UK is much less as compared to that in Germany.

As my parents live in Germany, I can continue being registered at my parent's address here (preferably as Secondary home or if required as main home???) if this helps for Kindergeld.

Thanks in advance for your advice.
Submitted: 11 months ago.
Category: German Law
Expert:  legal eagle replied 11 months ago.
Dear Customer,


thank you so much for coming here to this site.


I am very happy to assist you.


Whether you are eligible for Kindergeld depends on whether you pay your taxes in Germany or not.

If you pay your taxes in Germany you are eligible for German kindergeld

If you pay your taxes in UK you are not eligible for German kindergeld





I hope I was able to help


Should you have any further questions please be my guest


Sho
Customer: replied 11 months ago.



Expert:  legal eagle replied 11 months ago.
Dear Customer,


have you got any further questions ?
Customer: replied 11 months ago.

 


Thanks for your reply.


 


Since I am working in UK as an employee, I am paying taxes in UK. I will have no income in Germany except for Kindergeld.


 


However I understand, if I continue to be registered in Germany, I will have to file annual Tax returns in Germany as well (showing my UK income and perhaps Kindergeld as well). Is that correct? So does this make me eligible for Kindergeld?


 


Thanks.

Customer: replied 11 months ago.

I am not sure if you got my reply. So here is again:


"Thanks for your reply.


 


Since I am working in UK as an employee, I am paying taxes in UK. I will have no income in Germany except for Kindergeld.


 


However I understand, if I continue to be registered in Germany, I will have to file annual Tax returns in Germany as well (showing my UK income and perhaps Kindergeld as well). Is that correct? So does this make me eligible for Kindergeld?


 


Thanks."

Expert:  legal eagle replied 11 months ago.
Dear Customer,


thank you for your response.

You have to be abroad for less than 6 months in order to keep your residence in Germany which is the condition for paying taxes in Germany.


So I am afraid you are going to pay all your taxes in Great Britain and therefore you are not eligible for German kindergeld

Expert:  legal eagle replied 11 months ago.
Dear Customer,


If you pay your taxes in the Uk and from what you have told me it looks like it you are no longer eligible for German kindergeld


I am very sorry to be the bearer of such news

Customer: replied 11 months ago.

Thanks Claudia. Does this mean that I must unregister my German residence as I am living for more than 180 days outside Germany. Is it a legal requirement?


 


I am not very inclined to do this as I still consider Germany as my home and plan to come back to Germany at some point.


 


Also one more point, I am not eligible to claim child benefits from UK due to new UK laws for child benefits based on salary. Does this change the equation in any way?

Expert:  legal eagle replied 11 months ago.
Dear Customer,

Oh no you can still keep your residence in Germany.

This is a different matter altogether

The 180 days are about taxation only.

You have to pay taxes in Germany if you either keep a residence there and your family is there and you are only abroad temporarily.

Or of you are more than 180 days in Germany every year.


Unfortunately not being able to claim child benefits in the UK does not change s thing


I am very sorry


As the legal situation is not my fault I would very much appreciate getting a positive feedback all the same


This is how I get credit
legal eagle, Attorney
Category: German Law
Satisfied Customers: 10795
Experience: 20 years of experience in all kinds of law, especially employment law and family law.
legal eagle and other German Law Specialists are ready to help you

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