In our daily work, we frequently encounter clients who have been living abroad for several years and still have their registered address in Germany. There are a multitude of reasons for this: these reach from sheer neglect of the matter to the belief one must be registered in Germany to hold a bank account or real estate. Many clients ask themselves what the consequences are of maintaining a registered address in Germany. There are multiple considerations that the majority of people are unaware of. We want to clarify these reasons in the following.
Almost every affected person is aware of the legal obligation to register one’s address in Germany – it is just as important to de-register the German address when permanently moving abroad.
Firstly, it is a misdemeanor that can result in a monetary fine of up to EUR 1,000.00. It is also relevant to determine the competent passport office. If you are registered in Germany, the place of your registered residence is the competent passport office. Only after you have declared to have moved abroad is the German Mission abroad competent. It is possible to turn to the German Mission abroad in emergencies regardless of a registered address. This will however result in higher fees and delays – and is legally wrong.
It is also highly relevant to note that court and other administrative letters can be sent to your registered address and can contain deadlines or statutes of limitations regardless of whether you actually view the letter. It is deemed to have been received as soon as it is delivered to your registered address. Should you therefore not regularly check the letter mail at your registered residence, you can face serious legal consequences.
The registered residence also triggers a legal assumption that it is your primary place of domicile. This means that the tax offices can presume you are still a tax resident of Germany. The timing of your move abroad is also highly relevant for questions of inheritance tax for yourself and your heirs, even when living in Canada.
Most municipalities in Germany now allow the de-registration process to be administered online. We are happy to consult you regarding questions of registration obligations and the consequences of failing to comply with it.
Consequences of failure to de-register one’s address in Germany
In our daily work, we frequently encounter clients who have been living abroad for several years and still have their registered address in Germany. There are a multitude of reasons for this: these reach from sheer neglect of the matter to the belief one must be registered in Germany to hold a bank account or real estate. Many clients ask themselves what the consequences are of maintaining a registered address in Germany. There are multiple considerations that the majority of people are unaware of. We want to clarify these reasons in the following.
Almost every affected person is aware of the legal obligation to register one’s address in Germany – it is just as important to de-register the German address when permanently moving abroad.
Firstly, it is a misdemeanor that can result in a monetary fine of up to EUR 1,000.00. It is also relevant to determine the competent passport office. If you are registered in Germany, the place of your registered residence is the competent passport office. Only after you have declared to have moved abroad is the German Mission abroad competent. It is possible to turn to the German Mission abroad in emergencies regardless of a registered address. This will however result in higher fees and delays – and is legally wrong.
It is also highly relevant to note that court and other administrative letters can be sent to your registered address and can contain deadlines or statutes of limitations regardless of whether you actually view the letter. It is deemed to have been received as soon as it is delivered to your registered address. Should you therefore not regularly check the letter mail at your registered residence, you can face serious legal consequences.
The registered residence also triggers a legal assumption that it is your primary place of domicile. This means that the tax offices can presume you are still a tax resident of Germany. The timing of your move abroad is also highly relevant for questions of inheritance tax for yourself and your heirs, even when living in Canada.
Most municipalities in Germany now allow the de-registration process to be administered online. We are happy to consult you regarding questions of registration obligations and the consequences of failing to comply with it.