All 5 rules for Germany

Germany tax residency: a home or more than six months

You’re fully liable to German income tax if you have a residence there — a home you keep and use — or your habitual abode. A connected stay of more than six months makes Germany your habitual abode from its first day; brief interruptions don’t break it.

Germany tax residency: a home or a habitual abode

Under § 1 of the Income Tax Act (EStG), anyone with a residence (Wohnsitz) or a habitual abode (gewöhnlicher Aufenthalt) in Germany has unlimited income tax liability there:

  • Residence — you have a home under circumstances showing you’ll keep it and use it (§ 8 AO). Days don’t matter.
  • Habitual abode — you’re in Germany under circumstances showing you’re there not just temporarily (§ 9 AO). A connected stay of more than six months always counts as one, from its first day, and brief interruptions aren’t counted against it.
  • Not a habitual abode — a stay purely for a visit, recreation, a cure or similar private purposes, unless it lasts more than a year.
At a glance Germany
The day test a connected stay of more than six months
From the first day of that stay
A break brief interruptions aren’t counted against it
Without the days a home you keep and use makes you resident too

Six months, not 183 days

Germany has no 183-day rule for residence. The test is a stay of more than six months — counted in months, not days, and as one connected stay rather than days added up over a year. In a year without 29 February, six months from 1 February run to 31 July: 181 days.

The law doesn’t say how long a “brief” interruption may be, and with a home in Germany the days don’t matter at all.

Worked example

You arrive on 1 March and stay. Once you’re still there on 1 September, the stay has lasted more than six months — and Germany is your habitual abode from 1 March, so your income is taxable there from that day.

Switzerland counts a stay too, from 30 or 90 days: see Switzerland tax residency. Luxembourg and Liechtenstein have the same six months: see Luxembourg tax residency and Liechtenstein tax residency. Other countries, side by side: 183-day rule by country.

How FlySee counts it

FlySee has no Germany tracker, and there’s no calculator here: the law counts a connected stay of more than six months, brief interruptions aside, without saying how long a break may be. FlySee’s Log records every day you’re in Germany and when you left, and its export lists them — the record of how long you stayed.

Germany tax residency: questions and answers.

Is there a 183-day rule in Germany?

Not for residence. German law looks at a home in Germany, or a connected stay of more than six months — which, depending on the months, can be fewer than 183 days.

When does a six-month stay make me resident?

From its first day. A connected stay of more than six months counts as your habitual abode “always and from the beginning”, so you’re liable from the day you arrived.

Do trips abroad break the six months?

Brief interruptions aren’t counted against the stay. The law doesn’t say how long a brief interruption can be.

Does a long holiday or a cure count?

A stay purely for a visit, recreation, a cure or similar private purposes doesn’t make a habitual abode unless it lasts more than a year.

Does a flat in Germany make me resident?

If you keep it and use it, yes. A residence is a home you have under circumstances that show you’ll keep and use it, and it makes you liable to tax whatever the days.

Sources

FlySee counts days; it doesn’t give tax advice. Whether you’re resident is for you and your adviser.

Track it in FlySee

Track days in every country and know the date you can stay until.

  • Logs every day you’re in Germany and abroad, automatically, and rebuilds past trips from your photos
  • Exports your stays with dates as PDF, Excel or CSV — for your tax return or your adviser
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