Anlage Unterhalt

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allpfl
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Joined: Sun Apr 28, 2024 7:36 am

Anlage Unterhalt

Post by allpfl »

I am supporting parents outside germany and support will be submitted in Anlage Unterhalt with needed documents. Support money was given to parents in cash while doing parents visit.

Can I claim cost of flight ticket, for this visit when money was handed over, as a tex deduction? If yes in which Anlage and under which line/topic this can be done. @Panda Munich I hope you wil read this topic :)
allpfl
Posts: 3
Joined: Sun Apr 28, 2024 7:36 am

Re: Anlage Unterhalt

Post by allpfl »

As well additional information...

In 2023 form there is section '' Unterhaltszahlungen durch Übergabe von Bargeld (in den Zeilen 9 .... enthalten)''.

In case money was given on 3 occasion in cash how to fill in Zeile 14-15 as it gives just two options. 3 would be needed...

Form for 2022 was slightly different and easier to fill in...
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PandaMunich
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Re: Anlage Unterhalt

Post by PandaMunich »

allpfl wrote: Sun Apr 28, 2024 7:51 am I am supporting parents outside germany and support will be submitted in Anlage Unterhalt with needed documents. Support money was given to parents in cash while doing parents visit.
Then I hope that your German bank account also shows you withdrawing that amount at the most 2 weeks before you handed over the cash to your parents, see this requirement in side no. 17 of the BMF-Schreiben v. 06.04.2022 "Berücksichtigung von Aufwendungen für den Unterhalt von Personen im Ausland als außergewöhnliche Belastung nach § 33a Absatz 1 Einkommensteuergesetz (EStG)": https://esth-bundesfinanzministerium-de ... r_pto=wapp
  • 6.2 Other payment methods
    General information
    17
    The taxpayer can also choose another method of payment if the maintenance payment made in this way is sufficiently proven (BFH ruling of 14 May 1982, BStBl II page 774). In accordance with the principles set out in points 3 and 4, higher standards of proof must be met for cash maintenance payments and all other payment methods. Proof of withdrawal and detailed recipient confirmations (see para. 21) are required. There must be a sufficient factual connection (maximum period of two weeks) between the withdrawal and the respective transfer of money. Proof of travel must always be provided on the basis of tickets, petrol receipts, border crossing notes, flight tickets, visas, etc.
--> Doing cash payments is too much hassle, just transfer the money into your parents' bank account.

And take care to do the transfers at the start of the year.
The worst you can do is transfer a large amount in December, since the money does not "carry over" to the next year and you would only be able to claim 1/12*Grundfreibetrag as support.
See the example in side no. 25 in the above BMF-Schreiben:
  • For each full calendar month in which the general requirements for the deduction of maintenance expenses were not met, the maximum amount that can be taken into account in accordance with margin no. 34 is reduced by one twelfth (Section 33a (3) sentence 1 EStG). It must therefore be determined for which months payments were made.

    Example 5:
    The taxpayer supports his needy 70-year-old mother, who lives in a country in country group 1 (no reduction), by making monthly transfers from June to December 2021 totalling EUR 800 each.

    Proven expenses for maintenance 5,600 euros
    Maximum amount (§ 33a para. 1 sentence 1 EStG) 9,744 euros
    Pro rata reduction of the maximum amount by 5/12
    (§ 33a para. 3 sentence 1 EStG, first payment in June) - 4,060 euros
    Deductible expenses for maintenance (7/12) 5,684 euros
    The maximum amount of maintenance expenses to be deducted is 5,684 euros.
and the example in side no. 28:
  • If payments are not exclusively intended to cover the maintenance requirements of the current calendar year, but also of the following calendar year, the total maintenance expenses can only be recognised in the calendar year of the payment, but not in the following calendar year. It is assumed in favour of the taxpayer that the payment serves to cover needs until the end of the calendar year of the payment (BFH ruling of 25 April 2018, BStBl II page 643).

    Example 6:
    The taxpayer transfers an amount of EUR 3,000 to his needy father in a country in country group 1 for the first time in December 2021 (no reduction). The payment is intended for maintenance until 30 June 2022.

    The maintenance payment was paid in 2021 (Section 11 (2) EStG). The maintenance expenses are deductible at EUR 812 (1/12 of EUR 9,744). It cannot be taken into account in 2022.
allpfl wrote: Sun Apr 28, 2024 7:51 am Can I claim cost of flight ticket, for this visit when money was handed over, as a tex deduction?
No.
allpfl wrote: Sun Apr 28, 2024 8:08 am In 2023 form there is section '' Unterhaltszahlungen durch Übergabe von Bargeld (in den Zeilen 9 .... enthalten)''.

In case money was given on 3 occasion in cash how to fill in Zeile 14-15 as it gives just two options. 3 would be needed...
If you are filing on paper, write these 3 dates you entered your home country, when you handed over the money and the amounts into the space for the 2 occasions.
If you are filing electronically, you can add lines in ELSTER, see here, I was able to put in 3 occasions on which cash was handed over:
2024-04-29 01_22_24-ELSTER - ESt unbeschränkt (ESt 1 A) - 3 - Weitere Angaben zu Unterhaltsleistunge.jpg
2024-04-29 01_22_24-ELSTER - ESt unbeschränkt (ESt 1 A) - 3 - Weitere Angaben zu Unterhaltsleistunge.jpg (98.25 KiB) Viewed 60 times
allpfl
Posts: 3
Joined: Sun Apr 28, 2024 7:36 am

Re: Anlage Unterhalt

Post by allpfl »

Thank you. So far my cash delivery evidence was always accepted by finanzamt so I hope it stays like that.

I was bit consfued with new version of paper form. Still need to move myself to online form...
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