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A. Müller-Mundt
A. Müller-Mundt, Rechtsanwältin
Kategorie: Arbeitsrecht
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Living and working in Germay. I got your e-mail addresses

Diese Antwort wurde bewertet:

I am Venkatesh living and working in Germay. I got your e-mail addresses from a forum.I have a query.I worked for an Indian multinational and deputed to their Germany entity of that company for more than 2 years.In the contract they mentioned they pay the fixed allowance and they the income tax to GERMANY finanzamt. End of the year, we are forced to sign a Power of Attroney to claim the tax returns. The tax returns goes to employer not to the employee. But in our payslip income tax paid is shown as income paid to the employee.Whether as per German labour law anyone's contract can specify that tax will paid employer and they claim the tax returns?
Kunde: hat geantwortet vor 4 Jahren.
I ama attaching a contract with my previous company. Please let me know whether I can claim return or statement 6# ***** ***** only my previous can claim the ta return means statement 6# ***** allowed german work contract
Kunde: hat geantwortet vor 4 Jahren.
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Dear Venkatesh,

such a net wage agreement is valid under German law. Therefore, your employer is entitled to claim the tax returns.

Best regards

Annegret Müller-Mundt

Kunde: hat geantwortet vor 4 Jahren.
But Income certificate doesn't reflect the same ...sample income certificate attached. see the Brutto difference ... every amount shown as my income. so can they claim the tax return back. Please see the last two year income it is fixed income ... they are adjusting everything.

Thanks for providing the income tax certificate. The tax certificate states the gross income as it is the necessary calculation basis according to the German tax law. But that does not change anything regarding the validity of the explicit agreements in your employment contract. A net wage agreement means in Germany that the employer guarantees a certain net income for the employee. That is also reflected in your job agreement (§4 sec. 2) as the employer is willing to increase your gross salary if tax rates are increasing in order to maintain the guaranteed net income. So the right of the employer to claim back any tax returns is the backside of this guarantee and the risk of any tax increases borne by the employer.

Best regards

Annegret

Kunde: hat geantwortet vor 4 Jahren.
But employer asking power of attroney for claiming the tax return ... Legally allowed claim the tax return in this case why employer asking power of attroney from me. If I am not liable to the income tax paid in Germany as per contract. what can happen if didn't sign the power of attroney for the tax return claim.
Kunde: hat geantwortet vor 4 Jahren.
Additionally they have put wrong tax classes Tax Class 4 and tax factor 0.5 in 2016 and year before it is blank 2015 .Showing my salary higher since I belong tax class 3 and tax factor 1, since I am married and wife is not working with one kid.Then in the infomaton form they give to me asking queston like how much to spent on transportation between office and home yearly. And family details signatory from wife stating she doesn't earn money. How employement contract an get this information. I have give this details in 2015 and shocked know they claimed 2000+ Euros with the information i provided.

The contractual net wage agreement does not have any direct effects on the respective relations to the tax authorities. So you are still liable for the taxes in relation to the tax authorities, however, your employer has contractually promised to pay them for you. The employer needs the power of attorney in order to hand in the tax return forms for you. The wrong tax class etc. will have been corrected with the tax return I suppose. All the details they asked have tax effects in Germany and go into the calculation of the tax return. Nevertheless, you signed a valid net income agreement, so as long as they pay you the agreed net salary, you have no additional claims arising from such tax issues.

Regards

Annegret

Kunde: hat geantwortet vor 4 Jahren.
It is legal to show higher tax paid and then they take higher returns. Same thing my old company did in US and they faced lawsuit. They went closed with off the court settlement. Because this calculation are straight they show my India salary as compoent to manipulate the tax here . Attaching one sample payslip no one wether 2344 coded what i get ... because india will converted to Euro ... no information about the conversion rate as well. So obivious i get more the net wage . Please let me know you can figure the net pay as per contract is there.
Kunde: hat geantwortet vor 4 Jahren.
another payslip since my last working was 24th Feb
Kunde: hat geantwortet vor 4 Jahren.
Please verify and let me know if i am not signing the power of attroney then tell me whether previous company can sue me.

Dear Ventakesh,

your questions now go beyond the original one and the question value offered. I will be happy to review your payslip and answer your question regarding the power of attorney as premium service. However, please note that I am not an tax expert and cannot answer your crossborder tax issues.

Best regards

Annegret

Kunde: hat geantwortet vor 4 Jahren.
ok. Understood. last question in my contract page 3 clause 4 . Any tax class will be borned by me. In that case now avantage is there for me. there is class change is there ... but tax paid is excess .... In that case i have disadvantage shown higher salary than i suppose to get ... they claim the tax return... For that i will end up paying extra school fee for my son from next year in the international school. If I file the tax return can the company sue me..?

They would still be entitled to and could therefore sue you for the tax returned.

Regards

Annegret

A. Müller-Mundt und weitere Experten für Arbeitsrecht sind bereit, Ihnen zu helfen.
Kunde: hat geantwortet vor 4 Jahren.
Thanks for the clarification.