DE

Germany tax residency rules

Threshold: 183 days · Day Count · Calendar year (Jan 1 – Dec 31)

Germany taxes residents on worldwide income at progressive rates up to ~47.5%. The Wohnsitz (domicile) test is broader than 183 days, maintaining a German dwelling can trigger residency without crossing the day-count threshold. Treaties layer on a 183-day rule for employment income.

  • Wohnsitz: a German dwelling maintained under circumstances suggesting intent to use.
  • Habitual abode: 6+ consecutive months of presence triggers residency.
  • Treaty 183-day rule protects employment income if employer is foreign and wages aren't borne by a German PE.

Rules tracked by Tax Days

  • 183-Day Rule

    Type
    Day Count
    Threshold
    183 days
    Period
    Calendar year (Jan 1 – Dec 31)

    Tax residency triggers if you're physically present for more than the threshold number of days in a calendar year.

Questions

Germany tax residency, FAQ

How many days can I spend in Germany before becoming a tax resident?

Generally, spending more than 183 days in Germany during a calendar year can make you a tax resident.

How does Germany count a day of presence?

Day-counting rules vary: many jurisdictions treat any part of a calendar day spent in-country as a full day, while others require presence at midnight. Because the burden of proof is usually on you, keep a contemporaneous, day-by-day record of where you were.

What tax year does Germany use?

Germany measures residency over calendar year (jan 1 – dec 31).

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