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  #21  
Old 11.07.2018, 15:45
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Re: US married Swiss was living in Germany and own car in Germany

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Some questions.

You took a loan to buy the car, no leasing involved?
You are the legal owner of the car?
You had it longer than 6 months when emigrating towards Switzerland?

If all of these 3 are answered with a yes, it all is relatively cheap and simple to import the car, you will just have to check your papers from the loan if you have to pay back the loan before being allowed to export the car out of Germany.
Even in the case of:

You took a lease to use a car or a loan but to not own the car leagally?
The lease or the loan has been running longer than 6 months when emigrating towards Switzerland?

The answer is:
If all of these 2 are answered with a yes, it all is relatively cheap and simple to import the car, you will just have to check your papers from the lease/loan if you have to close the lease/pay of the loan and take over the car before being allowed to export the car out of Germany.
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  #22  
Old 11.07.2018, 15:52
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Re: US married Swiss was living in Germany and own car in Germany

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Even in the case of:

You took a lease to use a car ?
You the lease has been running longer than 6 months when emigrating towards Switzerland?

The answer is:
If all of these 2 are answered with a yes, it all is relatively cheap and simple to import the car, you will just have to check your papers from the lease if you have to close the lease before being allowed to export the car out of Germany.
In Germany one is not the owner of a leased car, so yes that makes it a bit more complicated. First she would have to buy the car, second she would have to proof usage.

And in what non-lease construction does one in Germany take a loan to buy a car but not own the car?
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  #23  
Old 11.07.2018, 16:02
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Re: US married Swiss was living in Germany and own car in Germany

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It is deemed export/tax fraude if she as a Swiss citizen resident, drives a German car inside Switzerland.
FTFY.

Tom
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  #24  
Old 11.07.2018, 16:15
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Re: US married Swiss was living in Germany and own car in Germany

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She wold only need it in switzerland, she doesnt go to germany. So guess I have to tell her no, is this some kind of law thing or insurance thing? dont really understand why if she had to for example pick up her daughter and had no others means this would be a lawful issue
Both. It's illegal thus the insurance would probably refuse any claims in case of an accident.

Btw the analoguous applies to Germany.
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Old 11.07.2018, 16:27
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Re: US married Swiss was living in Germany and own car in Germany

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Both. It's illegal thus the insurance would probably refuse any claims in case of an accident.
It is NOT illegal, it is simply a customs violation.

If someone steals your car, that is illegal, but the insurance still has to pay if the thief causes an accident.

Tom
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Old 11.07.2018, 16:28
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Re: US married Swiss was living in Germany and own car in Germany

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It is deemed export/tax fraude if she as a Swiss citizen, drives a German car inside Switzerland. She can inside Switzerland only drive cars that already are legally imported into Switzerland. (else we all would drive a car registered in the cheapest country of the world.)

The costs of getting caught can very easily be thousands, since she might have to pay all the costs for a normal import (including VAT and an extra fine)

Explain this to her, and then tell her no.
Well the car is registered in my name so if she hypothetically got pulled over they would see i am the owner.
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  #27  
Old 11.07.2018, 16:28
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Re: US married Swiss was living in Germany and own car in Germany

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And in what non-lease construction does one in Germany take a loan to buy a car but not own the car?
Most if not all car loans (Autokredit). That is most often the definition and distinction of a car loan vs regular loan. You get better rates https://www.targobank.de/kredit/online-autokredit.html

It is called Eigentumsvorbehalt or Sicherheitsübereignung https://de.wikipedia.org/wiki/Eigent...t_(Deutschland)
https://de.wikipedia.org/wiki/Sicher...3%BCbereignung
https://de.wikipedia.org/wiki/Sicher...raftfahrzeugen

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In Germany one is not the owner of a leased car, so yes that makes it a bit more complicated. First she would have to buy the car, second she would have to proof usage.
Simple. Just show that you are the named holder in the registration paper. Which pretty normal and standard as no bank wants to have the responsibility and duty of the holder (and would actually not be the holder as defined by German law and court ruling anyway https://de.wikipedia.org/wiki/Fahrze...Rechtsprechung ).

The rest is also pretty straightforward: From the FAQ of Swiss Customs https://www.ezv.admin.ch/ezv/en/home...val-goods.html
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My vehicle is leased. Does that influence the customs formalities?

No, customs formalities do not take account of the fact that the vehicle is leased but the number plate change may be affected. For more information, please enquire at the Road Traffic Office in your canton of domicile.

My car has been used by me for more than six (6) months but the papers of the vehicle are in the name of my father/ mother/ employer. How do I proceed?

In addition to the documents belonging to the vehicle a declaration from the person/company shown in the documents has to be submitted. It must be clear which person(s), from when and for what reason the vehicle was used by the person(s) other than those mentioned in the documents belonging to the vehicle.
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Old 11.07.2018, 16:30
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Re: US married Swiss was living in Germany and own car in Germany

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Some questions.

You took a loan to buy the car, no leasing involved?
You are the legal owner of the car?
You had it longer than 6 months when emigrating towards Switzerland?

If all of these 3 are answered with a yes, it all is relatively cheap and simple to import the car, you will just have to check your papers from the loan if you have to pay back the loan before being allowed to export the car out of Germany.
Yes if I decide to move then all three hold true
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  #29  
Old 11.07.2018, 16:30
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Re: US married Swiss was living in Germany and own car in Germany

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Well the car is registered in my name so if she hypothetically got pulled over they would see i am the owner.
No they would see that you are the holder
See Zulassungsbescheinigung Teil II, Field C.4c
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Old 11.07.2018, 16:35
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Re: US married Swiss was living in Germany and own car in Germany

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It is NOT illegal, it is simply a customs violation.

If someone steals your car, that is illegal, but the insurance still has to pay if the thief causes an accident.

Tom
aha, thank you! good idea, if she got in trouble ill just say my mother in law stole my car
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  #31  
Old 11.07.2018, 17:31
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Re: US married Swiss was living in Germany and own car in Germany

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Well the car is registered in my name so if she hypothetically got pulled over they would see i am the owner.
They do not care about that
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  #32  
Old 11.07.2018, 17:57
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Re: US married Swiss was living in Germany and own car in Germany

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Most if not all car loans (Autokredit). That is most often the definition and distinction of a car loan vs regular loan. You get better rates https://www.targobank.de/kredit/online-autokredit.html

It is called Eigentumsvorbehalt or Sicherheitsübereignung https://de.wikipedia.org/wiki/Eigent...t_(Deutschland)
https://de.wikipedia.org/wiki/Sicher...3%BCbereignung
https://de.wikipedia.org/wiki/Sicher...raftfahrzeugen
Here you are correct.

I myself had signed a paper which gave them the right to sell my car if I would not pay up, but possession was legally mine. Many countries, many different habits.
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  #33  
Old 12.07.2018, 00:05
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Re: US married Swiss was living in Germany and own car in Germany

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It is NOT illegal, it is simply a customs violation.

If someone steals your car, that is illegal, but the insurance still has to pay if the thief causes an accident.

Tom
Frankly, when I have to choose between a statement by the government or you I'll stick with the government's anytime. Especially when the consequences can be life-changing in a catastrophic way, for instance in case of an accident, regardless of who's otherwise guilty.
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