Tax class - change upon separation

Service Description

For spouses and civil partners (hereinafter for both: partners), classification in the following tax class combinations is possible in principle:

  • III/V
  • IV/IV and
  • IV/IV with factor

The prerequisite for this is that you and your partner are subject to unlimited income tax liability, do not live permanently separated and these prerequisites existed at the beginning of the assessment period or occurred during the assessment period.

A marriage or civil partnership includes a living and economic community - for example, a joint residence and a joint bank account. If this relationship ceases to exist in the long term, the marriage or civil partnership is deemed to have been separated, divorced or dissolved.

In the event of a separation, the following regulations apply to the deduction of income tax:

  • In the event of a separation after January 1 of a year, the previous tax classes still apply for the current year.
  • In the year of separation, it is generally possible to change the tax class from tax class III to V or vice versa, or to IV/IV.
  • You will only be placed in tax class I or II as a partner from January 1 of the following year. Your employer will automatically be notified of the changed tax class.

If you live alone with your child in a household from 1.1. of the following year, you can also apply for tax class II. There are additional, separate requirements for this (relief amount for single parents). As an employee, you are obliged to inform the tax office about the permanent separation and to have the tax class changed.

If your marriage is divorced or your civil partnership is dissolved, the following applies:

  • If you and your partner were already living permanently separated on January 1 of the year of divorce or annulment, there will be no change in tax class. You will remain in tax class I or be assigned to tax class II if the requirements for this are met.
  • If you and your partner have not yet lived permanently separated on January 1 of the year of divorce or annulment, the previous tax classes apply for the year of divorce or annulment.
  • In principle, it is possible to change the tax class from tax class III to V or vice versa or to IV/IV.
  • You and your former partner will only be placed in tax class I as of January 1 of the following year. Your employer will automatically be notified of the changed tax class.
  • If you live in a household with your child from 1.1. of the following year, you can apply for tax class II.

The registration authorities must notify the Federal Central Tax Office (BZSt) of changes in marital status. Therefore, you do not need to inform the tax office about a divorce or dissolution of a civil partnership.

Notes:
If the requirements for consideration of the relief amount for single parents cease to apply, you are obliged to inform your responsible tax office about this. An informal written notification is sufficient.

Source: Zuständigkeitsfinder Thüringen (Linie6Plus)

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Competent Authority

Finanzamt Jena

Address
Leutragraben 8
07743 Jena
Telephone
0361 573626-000
Fax
0361 573626-653
Opening times

Our service center will remain permanently closed. During our service hours, we will answer inquiries about your specific tax case by telephone:

0361 57 3626-900

Service hours

Monday 08.00 - 12.00 and 13.00 - 15.00

Tuesday 08.00 - 12.00 and 13.00 - 15.00

Wednesday 08.00 - 12.00

Thursday 08.00 - 12.00 and 13.00 - 18.00

Friday 08.00 - 12.00

If a matter cannot be resolved by telephone, you can still make an appointment in person with the person responsible.

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