German Law/kindergeld

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Question
QUESTION: my whole family (but me) have German Citizenship.
We all leave in Israel but we do visit Germany twice a year for periods between 2 to 8 weeks.
Are we entitled for kindergeld while we are in Germany ?
are there any conditions ?
what is the process ?

We usually come to Brandenburg/Potsdam

thanks

ANSWER: Unless no parent is subject to unlimited income taxation in Germany there is no entitlement for Kindergeld.

---------- FOLLOW-UP ----------

QUESTION: thanks for the quick answer.

I'm not sure i follow (Unless no ... no ...#
did you mean,
if one parent is subject to unlimited income taxation in Germany
then there is entitlement for Kindergeld
or #what logically comes from your words#,
if no parent is subject to unlimited income taxation in Germany
then there is entitlement for Kindergeld
?

after you clear that,
what is the way to fill this condition ?
my wife (the German citizen) has no job at all in Israel.


and on the side, our first child is from my wife's previous marriage.
she has full custody for her. her father lives in Germany and pay taxes there. he also pays her the monthly payment.
is she entitled for Kindergeld?
and in what conditions ?

thanks a-lot

Answer
No taxation - no benefits. That simple.
Unlimited taxation requires a residence or an habitual abode in Germany.
Residence means maintaining an accomodation fit for use at any time.
The regulations in the German-Israeli Double Taxation Agreement could stipulate amendments hereto.

Furthermore, in order to have an entitlement for Kindergeld the child must live either in Germany or in another country belonging to the EU or a country with which Germany has concluded Convention on Social Security which unfortunately is not the case with Israel.  

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Henning Haarhaus

Expertise

I can answer questions in English, German and French. Practice in inheritance law, tax, labour and contract law for private clients. Services also rendered in the fields of business & commercial law; e.g. business organizations, contracts, debt collections, leasing law. Representing clients all over Germany. NO CONSULTANCY ON FAMILY AND IMMIGRATION LAW.

Experience

Working since 1999 in the forenamed fields. Henning Haarhaus` experience includes services in the legal department of Roedl & partner, the biggest tax consultancy firm of German origin. Appointed Bar Certified Tax Law Practioner in 2007.

Organizations
Bar Association of Berlin, KIWANIS

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Education/Credentials
German licensed lawyer and bar certified tax specialist

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