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Avoiding US/German Totalization Agreement Requirements

Posted: Tue Apr 15, 2025 12:45 pm
by superpawn
Hi all,

Are any of you here under the tax totalization agreement, and can give some advice? We've reached out to several lawyers, and no one seems to know what to do in our situation.

In essence, we just over three years into a 5-yr Entsendungs contract to a German non-profit organization, but are paid by a US-based non-profit (the one that sent us here), and are still paying into the US social security system. Our US employer is happy for us to remain here, and the German non-profit is also happy for that, but unable to help us with the immigration and tax-related details. With the totalization agreement, under the current situation, my understanding is that we need to leave the country for a full year after 5 year contract is finished.

Any ideas of how to stay? Is it as simple as entering the German social system? Any lawyers you'd recommend who might be able to help? We'd really like to find a way to avoid taking our kids out of school here, where they are doing quite well.

Thanks for any help - and I'm happy to provide more details if it is helpful.

Re: Avoiding US/German Totalization Agreement Requirements

Posted: Wed Apr 16, 2025 5:12 pm
by Bayrisch_Dude
I don't have an answer to your situation, but it might be helpful if you add your location to your profile.

One might know of a lawyer in Munich who could assist, but that does FA if you're in Hannover.

Re: Avoiding US/German Totalization Agreement Requirements

Posted: Wed Apr 16, 2025 9:06 pm
by superpawn
Thanks - a lawyer in Munich would only be helpful if they were able to connect online. Would be happy for any lawyer recommendations that would be able to help in a niche situation like ours.

Re: Avoiding US/German Totalization Agreement Requirements

Posted: Thu Apr 17, 2025 9:40 am
by Bayrisch_Dude
I do have two recommendations.

There are law firms such as https://www.rosepartner.de/en/law-firm- ... awyer.html who might be able to assist or point you in a helpful direction. Online assistance or telephonic I cannot say.

Another idea would be to use https://www.frag-einen-anwalt.de/. You'll need to decide which lawyer can assist. While they might not be able to answer your specific question, might get you towards a lawyer who can.