Germany Tax Residence and Foreign Income
Germany's ordinary individual income-tax scope follows a residence or habitual abode, with treaties and special statutory cases considered separately.
A retained home can establish residence
An individual with a German residence or habitual abode generally has unlimited income-tax liability. A residence is a dwelling held in circumstances indicating it will be retained and used; it is not simply a citizenship test.
More than six months, with exceptions
A continuous stay exceeding six months normally establishes habitual abode from its beginning, ignoring short interruptions. This specific rule excludes visits solely for recreation, treatment or comparable private purposes lasting no more than a year; a separate residence can still matter.
Worldwide-income baseline
Unlimited income-tax liability generally covers worldwide income. The Ministry of Finance contrasts this with limited liability on domestic-source income; applicable treaty relief must still be examined.
Non-residents can remain taxable
Without a German residence or habitual abode, specified German-source income can attract limited liability. Section 1 also contains special public-service and application-based cases, so leaving is not a universal exemption.
Use the relevant agreement
Double-taxation agreements allocate taxing rights where domestic claims overlap. Consult the relevant country agreement rather than assuming that foreign income is automatically exempt or taxed twice.
Scope and limitations
- The six-month habitual-abode rule is not a universal 183-day exemption from German taxation.
- This baseline excludes rates, social insurance, church tax, departure taxation and special anti-avoidance cases.
Next review due . An official update can change these requirements sooner.
Official sources
- Einkommensteuergesetz: section 1Federal Ministry of Justice / Federal Office of Justice · Retrieved 2026-09-17 · DE
- Abgabenordnung: section 8, residenceFederal Ministry of Justice / Federal Office of Justice · Retrieved 2026-09-17 · DE
- Abgabenordnung: section 9, habitual abodeFederal Ministry of Justice / Federal Office of Justice · Retrieved 2026-09-17 · DE
- An ABC of Taxes: income taxGerman Federal Ministry of Finance · Retrieved 2026-09-17 · EN
- Double taxation agreements and other taxation-related agreementsGerman Federal Ministry of Finance · Retrieved 2026-09-17 · EN