If you have separated from your spouse, the tax office that was first involved with the tax case is responsible. It is therefore crucial which spouse submitted their tax return first. Only in the case of individual assessment is the respective tax office at the spouse's place of residence responsible.
If you live abroad as a pensioner and only receive income from pensions from Germany, you must submit your tax return to the Neubrandenburg Tax Office (Pensioners Abroad - RiA) in Mecklenburg-Vorpommern.
If you earn additional income alongside your pension income, another tax office may be responsible. In case of doubt, please contact the Neubrandenburg Tax Office (Pensioners Abroad - RiA).
The following cases must be distinguished to determine jurisdiction:
A. The employee does not earn any income in Germany after moving abroad
In these cases, there is no change from unlimited to limited tax liability due to the absence of income subject to limited tax liability. For the assessment periods of unlimited tax liability, the jurisdiction remains with the tax office of the last place of residence.
B. The employee earns income in Germany after moving abroad
If the employee only earns domestic income in the year of moving abroad, the tax office of the last place of residence is still responsible in the year of moving abroad.
If the employee earns domestic income after the year of moving abroad, the jurisdiction for the assessment of limited tax liability is determined according to § 50 para. 2 EStG (business establishment tax office) or § 19 para. 2 AO. The tax office then responsible is also responsible for the previous assessment periods in which unlimited tax liability existed. Administrative procedures already started may be continued by the previously responsible tax office.
