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Old 15th January 2019, 03:18 PM
kaju kaju is offline
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Users Flag! Originally from australia. Users Flag! Expat in austria.
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Originally Posted by J0sand View Post
Hi all,

I moved to Germany in 2014 from France where I had lived since 2005. My Wife died and so I thought that i would start again somewhere else. Having moved here I met a German woman and in 2017 got married again. As a Pensioner i recieve an old age pension plus a Mililitary pension.

History lesson over, my questions are as follows.

1. If i take dual or German citizenship will that effect my pensions ?

2. Would the change of citizenship effect my S1 ?

3. is there a platform where these questions are answered officially ?

Kindest regards
Both of your pensions will still be paid no matter what you do, but there might be significant tax differences (or not!) if you gained German Citizenship.

It might be possible that if you take German Citizenship (Germany allows dual citizenship with other EU countries although I have no idea if you'd be able to do this during the Brexit transition period) soon, you could keep both. First though, you'd need to be married to a German for at least two years and continually resident in Germany for 3 years.

I suspect you wouldn't be allowed (by Germany) to take German Citizenship and keep British Citizenship once the transition period ends. Germans can take up another citizenship with special permission from Germany if they have particular connections with another country, but I don't think that applies in reverse (to non-Germans).

Post-Brexit, (if that happens!) I'd expect Germany would require you to renounce British Citizenship if you applied for German Citizenship and the UK is no longer in the EU - it's not hard to do or hugely expensive - Germany does accept that as a reason to allow dual citizenship for a few other countries' citizens on that basis, but it's simple to renounce UK Citizenship and only costs about 372.

Your Old Age Pension would be taxable in Germany either way - although it may not incur any tax depending on the amount.

However, assuming that whatever happened, you ended up with German Citizenship (whether or not you keep your British Citizenship), I suspect that then, (as a German resident too) your Military Pension would also be taxable in Germany - which it wouldn't be if you were not a German Citizen.

For you, Page 19 of the Double Taxation Convention between the UK and Germany would apply if you were to become a German Citizen - in particular, Article 18, 1 and 2 - especially 2 b) !!!

https://assets.publishing.service.go...-_in_force.pdf

I'll be moving to Germany soon, and my Australian Government Service pension is taxable in Australia, just as yours is in the UK. Age Pensions are almost always taxed in the country that you actually live in - service pensions generally are too, BUT that generally changes if you are both resident in AND a national of, the other country.

So I can live in Germany with my German wife, but I can't take German Citizenship if I don't want my Government Service Pension taxed in Germany! I get preferential tax (none! ) on my government service pension in Australia, so I don't want to lose that.

(I'd probably also need to renounce my Australian and UK Citizenship too, if I wanted German Citizenship.) My Australian Age Pension (when I'm old enough!) will still only be taxable in Australia.

So this possible taxation of your UK military pension if you are a German resident and German Citizen might affect you, or it might not - depends on the amount, German tax scales, etc.

You might wish to seek advice if you think your Military Pension might be taxed by Germany if you took up German Citizenship.

My Aussie Government Pension is not huge, but it would certainly be enough to be taxed in Germany, and would be added to my partial Australian Age Pension, which is already taxable (assessable for tax, even if no tax is payable) in Germany, as your Age Pension already is.

Last edited by kaju; 15th January 2019 at 03:55 PM.
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