Hello, I need an answer m area of control / maintenance. I pay my estranged wife at the time maintenance in the amount of 560 € per month (separation maintenance). This I have done in 2014 and would now tax-deductible these payments. There is the opportunity to plant U depose these services. The receiver needs the money as income tax (therefore so has probably financial disadvantages). My ex-wife refuses therefore to sign the system U and provide maintenance as income. The other is made possible to make the maintenance of exceptional expenses claimed; Here it does not have to agree. However, the tax office needs a complete inventory of their income for the year 2014. Now I happen to know that she has also made a tax return for the year 2014 (including the income listed). So it is so, that the tax office has access to this data by it.
Is it sufficient if the tax on their income is aware, or should I own this income to know of it and submit to the Office? My ex-wife would refuse, of course, to give me this information. Then stand there ichblöd and could not do anything against tax (And it is, after all, to € 6,720) I What other options then? Can or should I complain? Does the prospect of success?
It would be nice if someone could tell me, who was also in the same situation. Thank you very much
The best answer
There has already been much written correctly.
It is the "limited real Splitting"
Only - the tax is initially no jurisdiction because it is a civil right:
If consent is refused by the maintenance receiver and is no amicable settlement is possible (also possibly with facilitation of the tax authorities), shall be filed with responsibility is the Family Court.
The claim must be submitted on delivery of the statement of consent to limited real splitting, NOT on the signing of the "Investment U"; on the signing of the form have been legally not entitled.
The civil judgment in which the creditor is to assent to Real splitting Sentenced or court settlement, in which the dependents of the implementation of the Real splitting enabling, replace the consent solicitation.
Your ex has not read the system U correct.
It is true that if you want to deduct the maintenance as special edition, they must identify taxable as income.
However, you are OBLIGED, ie to replace the difference between the "normal" tax return and the tax return incl. Maintenance the tax "damage".
I know that as a divorcee. And it was natural for me, but to give my ex, whom I now detested really the statutory information.
And I'm on the subject: This is a LAW! And that should understand your ex. Otherwise you can sue this information - I would clarify it.
But before that there's an easier way: The Office may in turn replace your ex zoom and to obtain information. So please the FA about doing this. If all this useless, you still will go to court.
If siew will run the risk that they will be accused of tax evasion, they can of course refuse to sign.
Try again, making her the clear.
I do believe that you get away bad as extraordinary expenses in the indication, as if you specify it as a maintenance payment.