How to Avoid Double Taxation on German Inheritance as a Thai Heir

Jan 11, 2025By Dominik Lindner
Dominik Lindner

1. Understanding Double Taxation on Inheritance
1.1 Double taxation occurs when the same inheritance is taxed in two countries: Germany, where the deceased's assets are located, and Thailand, where the heir resides.
1.2 To prevent financial losses, it is crucial to understand the tax rules in both Germany and Thailand and how to utilize international agreements.

2. Inheritance Tax in Germany
2.1 In Germany, inheritance tax applies to all assets within the country, including real estate, bank accounts, and investments.
2.2 Tax rates vary based on the heir’s relationship to the deceased and the value of the inheritance. Spouses and children have higher tax-free allowances, while unrelated heirs face higher taxes.

3. Inheritance Tax in Thailand
3.1 Thailand levies inheritance tax only on assets located within Thailand or when the heir resides in Thailand and inherits assets exceeding the threshold of 100 million THB.
3.2 Most foreign assets, including those in Germany, are not subject to Thai inheritance tax, but reporting obligations may still apply.

4. Using the Germany-Thailand Double Taxation Agreement
4.1 Germany and Thailand have a double taxation agreement (DTA) to prevent heirs from being taxed twice on the same inheritance.
4.2 Under the DTA, taxes paid in Germany may be credited against Thai tax liabilities, ensuring the heir is not taxed twice.

5. Key Steps to Avoid Double Taxation
5.1 Confirm Tax Residency: Determine your tax residency status in both Germany and Thailand to understand which taxes apply.
5.2 Provide Documentation: Ensure all tax payments in Germany are documented and submitted to Thai authorities to claim tax credits.
5.3 Seek Legal and Tax Advice: Consulting professionals familiar with cross-border taxation is crucial to navigate the complexities of the DTA.

6. Managing Tax Reporting Obligations
6.1 In Germany: Submit inheritance tax declarations to the local tax office (Finanzamt) with detailed information about the estate.
6.2 In Thailand: Report inherited foreign assets to comply with Thai regulations, even if no tax is due. Failure to report may lead to penalties.

7. Mitigating Tax Risks Through Planning
7.1 Gifting Assets During Lifetime: The deceased can gift assets before their passing to reduce the taxable estate.
7.2 Creating a Will: A clear and valid will can help minimize disputes and streamline tax compliance.
7.3 Tax Exemptions and Deductions: Utilize all available tax exemptions in Germany and Thailand to lower liabilities.
8. How Thai-German Heritage Assistance Can Help
8.1 Thai-German Heritage Assistance specializes in supporting Thai heirs with cross-border inheritance issues. Services include:

  • Coordinating with German and Thai tax authorities.
  • Preparing and submitting required documentation.
  • Ensuring compliance with the Germany-Thailand DTA.

8.2 By leveraging expert guidance, Thai heirs can minimize tax liabilities and avoid legal complications.
Conclusion
9.1 Avoiding double taxation on a German inheritance requires careful planning, understanding tax laws in both countries, and utilizing international agreements.
9.2 With the right support and preparation, Thai heirs can secure their inheritance without unnecessary financial burdens.

This guide provides Thai heirs with the essential steps and considerations to navigate German inheritance taxes while avoiding double taxation.