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German Tax System

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Submitted By nikhilfreezer1
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5. The German tax authorities
The „Bundeszentralamt für Steuern“ (The Federal Central Tax Office) is responsible for the tax system in Germany.
In order to catch tax evaders the German authorities have ample access privileges. In the case of suspicion of tax evasion they have access to most public databases. Moreover in Germany the bank secrecy in fact doesn’t exist since the banks have to corporate with the tax authorities, if there is any suspicion of tax evasion.
Punishment for tax evasion is very strict and hard in Germany. For serious tax evasion the consequence can be high fines and a prison term up to 10 years. The period of limitation for tax fraud amounts also to 10 years. Compared to international regulation Germany is strict regarding tax evasion.
Australia and Germany have a double tax agreement which was stated in 1974. Purpose of the agreement is the avoidance of double taxation and tax evasion of individuals and businesses and a general ease in favor for the cross border economic exchange.
The agreement says in which country individuals and companies have to pay taxes. Crucial for the tax claim is the habitual residence of the individual or the permanent business establishment of the company. Article 15 of the agreement for example states that a Non-executive director who´s getting paid for his work in Australia, while he is living in Germany, also must pay taxes in Germany.
Conclusion:
Even if there are many opportunities to avoidance or evasion of taxes international transaction costs, currency risks ( fluctuations of the foreign exchange market) and the hard punishment of the government make it hard to get an overall advantage.

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[ 1 ]. Compare: http://www.steuerliches-info-center.de/EN/AufgabenDesBZSt/Abzugsteuerentlastung/abzugsteuerentlastung_node.html
[ 2 ]. Compare: http://www.steuerliche-selbstanzeige.de/web-steuerstrafrecht/bankgeheimnis/das-bankgeheimnis.html
[ 3 ]. (§ 169 Abs. 2 Nr. 2 S. 2 AO)
[ 4 ]. Compare: http://www.ato.gov.au/businesses/content.aspx?doc=/content/59547.htm
[ 5 ]. Compare: http://www.bundesfinanzministerium.de/Web/DE/Themen/Steuern/Internationales_Steuerrecht/Staatenbezogene_Informationen/Australien/australien.html
http://www.bundesfinanzministerium.de/Content/DE/Standardartikel/Themen/Steuern/Internationales_Steuerrecht/Staatenbezogene_Informationen/Laender_A_Z/Australien/001_a.pdf?__blob=publicationFile&v=3

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