Non-resident
Under German foreign trade law , non- residents were economic entities with habitual residence , place of residence , main branch or place of business outside the Federal Republic of Germany .
General
The former legal terms foreign currency foreigner and non-resident originate from the foreign currency management law from 1949. While the term foreign currency foreigner is no longer used in the Foreign Trade Act (AWG), which has been in force since April 1961 , the term non-resident was only removed from the AWG in September 2013. Instead, the term foreigner ( Section 2 (5) AWG) has been used consistently since then . Accordingly, there are no longer any residents or residents of foreign currency ; since September 2013 they have been uniformly called residents (Section 2 (15) AWG). Residents of foreign currency were deemed to be economic entities with habitual (not just temporary) residence, domicile, main establishment or place of business in Germany .
history
The reason for the earlier terminology was the fact that in the Federal Republic of Germany in the post-war period there was still a de facto partial foreign exchange management , in which domestic economic entities could indeed conclude foreign trade transactions directly with non-residents , but the balance of payments settlement was more or less largely controlled by commands and prohibitions on foreign currency acquisition and use. After the collapse in May 1945, the traffic with foreign currency and other foreign currency was initially regulated by the military government law "MRG 53" ( English Law No. 53, Foreign exchange control ) published in July 1945 . With this law, the German regulations, insofar as they contradicted it, became invalid. Payments in DM to non-residents, including residents of the Soviet Occupation Zone and East Berlin, were forbidden . It was not until April 1961 that the MRG 53 was replaced by the Foreign Trade Act.
criteria
All economic subjects (especially companies and private households ) were eligible for the status of non-resident foreign currency . Since the focus was on the place of residence or business, the nationality of the foreign exchange residents was not legally relevant, because the material fact of the spatial relationship to one's own or foreign economic area was sufficient. In the case of companies, a mere permanent establishment , branch or branch office was not sufficient, unless the bookkeeping , administration or management were concentrated here.
GDR
The foreign currency foreigner was also a legal term in the GDR, which suffered from a lack of foreign currency. According to the Foreign Exchange Act (DevG) of December 19, 1973, monetary debts of GDR citizens towards non -residents could only be settled by paying into foreign currency accounts (A or B) (Section 2 (1) DevG). Persons who stayed outside the GDR for more than 6 months were considered non-residents in accordance with Section 1 (1) DevG, with the exception of those listed in Section 2 no. 4 DevG named citizens. The German Foreign Trade Bank AG and the German Trade Bank were entitled alone to lead to non-resident accounts in other currencies ( "currency accounts") (§ 10 para. 1 DevG), both were allowed together as a bank of Commercial Coordination act as non-residents and foreign currency accounts as loro accounts to lead.
International
According to § 1 Foreign Exchange Act (2004), non-residents in Austria are natural persons who are not residents or legal persons, partnerships under commercial law and acquisition companies that have their registered office or place of management abroad; Foreign branches of domestic companies are deemed to be foreigners regardless of whether they are legally independent or not if their place of management is abroad. Private investors who are neither domiciled nor habitually resident in Austria or who do not stay in Austria for more than three months are considered non-residents and are only subject to limited taxation in Austria. Non-residents who hold shares in an Austrian securities account are only subject to withholding tax when a dividend is distributed , but not to Austrian capital gains tax . Interest from savings, fixed-term deposits or bonds, for example, is currently subject to a 15% capital gains tax due to the EU Savings Directive .
As in Switzerland non-resident natural person who is not normally then the taxes owed for all German income applies federal , the cantons and the municipalities to tax rate is subject to all income (4 para Art. 6. DBAD ); she cannot demand discharge. The double taxation is avoided in that Swiss taxes are taken into account in the assessment procedure in Germany to German tax (Art. 4 para. 3 DBAD). The exemption for income in accordance with Art. 24 Paragraph 1 No. 1 DBAD. Companies with management in Switzerland and domiciled in Germany are subject to unlimited taxation in Germany. You are taxed normally in Switzerland and receive the flat-rate tax credit for dividends in the same way as other companies based in Switzerland. Double taxation is avoided by the fact that Swiss taxes are offset against German taxes in the assessment procedure in Germany (Art. 4 Para. 9 DBAD). The exemption for income in accordance with Art. 24 Paragraph 1 No. 1 DBAD.
Individual evidence
- ↑ Bernhard Müller-Hagen, The Foreign Trade Act: Explanations for Practice , 1961, p. 14
- ↑ Willi Albers, Handwortbuch der Wirtschaftswwissenschaft (HdWW) , Volume 2, 1980, p. 159
- ↑ Robert Fischer / Karl Nastelski / Otto Löscher / Günther Wilde (eds.), Großkommentar BGB, law of obligations: §§ 241-432 , Volume I / Part 2, 1960, p. 837
- ↑ Bernhard Müller-Hagen, The Foreign Trade Act: Explanations for Practice , 1961, p. 14
- ↑ Joseföffelholz / Gerhard Müller (eds.), Bank-Lexikon: Concise Dictionary for Banks and Savings Banks , 1983, p. 968
