separation of property
February 10, 2011 | 20,00 EUR | answered by Dipl.BW/SB Ulrich Stiller
Good day,
My wife and I got married in 2006, and in the same year we agreed to separate property regime. What happens if we check the box for "separate property regime" in our tax return:
- Does this have an impact on the tax splitting for married couples?
- Are there any other tax benefits that might be lost?
- Or will everything remain the same overall, but the tax burden will be distributed more fairly, meaning my wife would receive a refund calculated based on her income alone?
Thank you!
Dear inquirer,
Thank you for your inquiry, which I would like to answer based on the information provided and in the context of your situation in a initial consultation as follows:
No, the separation of property does not affect the joint assessment and the application of the income splitting table. The essential requirement for the application of the splitting table is that you have lived together with your wife for at least 1 day in the year.
Furthermore, for example, in the cover sheet of the income tax return 2010 on page 1, it does NOT ask about the separation of property but rather whether you have agreed to community of property. You only need to fill in the selected type of assessment in line 19.
I hope I could be of assistance to you.
Best regards,
Ulrich Stiller
Tax consultant/Diploma in Business Administration
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