09b The 183 Day Rule

183 Day Rule

A few Words upfront

When it comes to tax, the topic of residence quickly becomes more complex than we might assume it to be. On this page we will take an in-depth look at the various definitions of residence and what these mean for the tax-payer.

If you still have questions about the tax-residence conundrum, feel free to contact us.

The Usual Place of Residence

In legal and tax terms, where a person holds their “residence” is dependent on several circumstances, which together give the impression that the person is not only temporarily staying in a particular place. One of these circumstances is if a person spends more than 6 months at a time in one pace – the 183 Day Rule. Short interruptions are of no consequence.

Note: Those who exceed this period of 6 months, but are only in a particular location due to health reasons, are not usually considered to have their “residence” there. In such cases, the time period is extended to 12 months. Please also note that the 183 Day Rule is based on “uninterrupted” stays. If you leave the place in question for several substantial periods of time each year, it will not qualify as a residence. Even if you reside in a country for 200 days per year, but are travelling for significant periods in between, that country will not qualify as your residence.

Definitions of Residence

In most European countries, the duty to pay taxes is directly linked to residence. Usually an individual is seen to be a resident if he owns or rents property in a country, the circumstances of which lead to the conclusion that the individual intends to keep and use the property for himself. If an individual does not own or rent a property he may still be seen to be a resident if the circumstances lead to the conclusion that he intends to stay in the country for more than a temporary period of time. In both cases, it is the circumstances as a whole which are decisive and not the registration of the individual as a resident with the relevant authorities. Nor is the will of the individual of consequence. If the individual is seen to be a resident by the authorities, then the individual has a duty to pay taxes in that country on his entire income, regardless of origin.

For Example: The Meiers should permanently rent their property to a third party or sell it. If the Meiers are renting they should terminate the lease agreement as soon as they move abroad.

Misconceptions about the 183 Day Rule

What should be kept in mind?

It is important to remember that you might still remain subject to taxation in your home country, even after you have given up your “residence” there, if you continue to spend a lot of time in the country. This means that the authorities will be looking forward to receiving your tax returns for your entire world income.

For Example: The Case of Becker! There are good and there are bad tax consultants. Boris Becker is an excellent example of horrible consequences you might face, if you place your confidence in the wrong people.

Beckers problem was not the number of days he spent in Germany, but rather an apartment in Munich. Becker had rented out the apartment to his sister, but he kept a key for himself and apparently “resided” in the apartment when he came to visit. And yet, it was not this last part which was decisive for the judge in Munich. It was solely the fact that he had a key and therefore “access” to the apartment. Even if Becker had not made use of this access the judge would have found him guilty of tax evasion.

Executing a residence relocation without falling short of legal obligations is a complex process. The spiderweb of tax laws, regulations and agreements is not definitely not an easy one to navigate. But with a specialist team at your side, relocating abroad does not have to be a headache.  With over 30 years of experience in the field, we can guide you through the process and ensure that you can reap all the advantages, without fearing nasty surpruses. Let’s talk about it today!