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Cross-border commuters · Retirees living abroad · Landlords residing abroad

Limited Tax Liability in Germany—Understanding and Filing.

Residing abroad, earning income from Germany. What you need to report, what remains deductible—and when you might want to apply for unlimited tax liability.

Do you have limited tax liability? Three typical real-life scenarios
Residing abroad but working in Germany—e.g., cross-border commuters
Residing abroad and receiving a German pension
Residing abroad: Self-employed as a doctor in Germany
The Basic Principle

What does “limited tax liability” actually mean?

German tax law recognizes two categories. Which one applies to you depends solely on your place of residence.

Residence: Abroad

Limited tax liability

  • Residence or habitual residence: abroad
  • Taxable only on domestic income (Section 49 EStG)
  • Form: ESt 1 C
  • Basic exemption: not automatic
  • Spousal income splitting: not automatic
  • Legal basis: § 1(4) EStG
Residence: Germany

Unlimited tax liability

  • Residence or habitual residence: Germany
  • Taxable on total worldwide income
  • Form: ESt 1 A
  • Basic exemption for 2026: €12,348
  • Spousal income splitting: included
  • Legal basis: Section 1(1) of the Income Tax Act (EStG)

The Key Difference

If you have limited tax liability, the German tax office is only interested in income earned in Germany. Anything you earn outside of Germany is not taken into account. The catch: Many tax benefits—the basic exemption, spousal income splitting, and child allowances—do not apply by default. This can be changed upon request.

What income counts

Only German income is taxed

Only income listed in § 49 EStG that has a clear connection to Germany is subject to taxation. If a type of income is not on the list, it remains tax-free in Germany.

Profits from

  • Agriculture and forestry on German land
  • Businesses with a permanent establishment in Germany
  • Performances by artists and athletes in Germany
  • Sale of German real estate
  • Self-employment carried out in Germany

Wages, Capital, and Rent

  • Wages for work in Germany
  • Managing Directors of German Companies
  • Dividends & Interest from German Sources
  • Rent & Sale of German Real Estate

Other Income

  • Pensions from German paying agencies
  • Sale of German real estate
  • Retirement savings & pension funds
  • Interest in a German partnership

The Rule of Thumb

If there is a German connection—place of work, real estate, paying agent, permanent establishment—the income is taxed in Germany. If this connection is missing or the income is not listed in § 49 of the German Income Tax Act (EStG), it remains tax-free here.

Cross-border commuters

France, Austria, Switzerland—A Comparison of Three Rules

Anyone who lives near the border and works in a neighboring country pays taxes on their wages in their country of residence. The requirements and tax deductions vary by country. (Applies only to wages—not to self-employment, pensions, or other income.)

France

Cross-Border Worker Rule at a Glance
Border Zone

up to 20 km ¹

Return to Place of Residence

usually every workday

Rule does not apply

Outside the zone / no daily return

Taxed in

country of residence

Tax withholding in the country of employment

No

Austria

Cross-Border Worker Rule at a Glance
Border Zone

30 km on both sides

Return to place of residence

Commuting is no longer mandatory

Rule no longer applies

45 days outside the zone or 20%

Taxed in the

Country of residence ²

Tax deduction in the country of employment

No

Switzerland

Cross-border Worker Rule at a Glance
Border Zone

No distance limit

Return to Place of Residence

Regularly

Rule does not apply

60 days of non-return

Taxed in

country of residence

Tax withholding in the country of employment

up to 4.5% ³

¹ 30 km for employees residing in the French border departments. ² In the public sector, the country that pays the salary is responsible for taxation. ³ Swiss withholding tax, creditable in the country of residence—with a certificate of residence.

The difference in pay

In France and Austria, the country of employment does not withhold tax—the salary is taxed solely in the country of residence (in France, there is only a 1.5% adjustment payment between the countries, which does not affect you). Only Switzerland withholds up to 4.5% withholding tax. If you live in Germany, this tax is credited against your income tax.

For this, you’ll need an official certificate from your tax office confirming your residence—without it, the deduction isn’t limited to 4.5%.

And there’s a limit: If you don’t return home for more than 60 working days a year due to your job, the cross-border worker regulation no longer applies to you.

Cross-border worker? Your tax return—without the hassle of forms.

taxtastic guides you step by step through your income tax return, withholding tax credit, and direct submission via ELSTER.

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