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Old 11.07.2018, 07:53
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US married Swiss was living in Germany and own car in Germany

Hi I am an American who moved to South Germany a year and a half ago. I currently have a 3 year total residents visa. In that time I met my Swiss wife. In the past 6 months I bought a new car in Germany that is registered and insured in Germany. We are still deciding where we will live. My question is if I decide to move to Switzerland for her how big of a pain will it become to register the car and get insurance in switzerland? Will I have to pay additional taxes on the car? Is it even possible considering the finance on the car is from a german bank? thanks for your help in advance.
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Old 11.07.2018, 08:01
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Re: US married Swiss was living in Germany and own car in Germany

A quick clarification, my resident permit is in germany, I do not live in switzerland so that would also be another thing I would of course have to figure out(getting a visa in switzerland) and health insurance if we decide switzerland.
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Old 11.07.2018, 08:15
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Re: US married Swiss was living in Germany and own car in Germany

Not difficult to get a residence permit here since you're married to a Swiss national. They just have to prove they can support your since you're their dependent. Rules will be similar to these.

https://www.ch.ch/en/family-reunification-eu-efta/

Health insurance isn't a problem either.
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Old 11.07.2018, 10:01
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Re: US married Swiss was living in Germany and own car in Germany

You will need to buy the car, or sell it.

Tom
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Old 11.07.2018, 10:33
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Re: US married Swiss was living in Germany and own car in Germany

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Hi I am an American who moved to South Germany a year and a half ago. I currently have a 3 year total residents visa. In that time I met my Swiss wife. In the past 6 months I bought a new car in Germany that is registered and insured in Germany. We are still deciding where we will live. My question is if I decide to move to Switzerland for her how big of a pain will it become to register the car and get insurance in switzerland? Will I have to pay additional taxes on the car? Is it even possible considering the finance on the car is from a german bank? thanks for your help in advance.
The car isn't yours while it's leased. The leasing company will require you to pay to get out of the contract: buy the car or buy yourself out of the contract. Both will be expensive.

You could try to find someone who enters the contract in your stead, but even then you'll have to pay to get out of the contract.
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Old 11.07.2018, 10:47
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Re: US married Swiss was living in Germany and own car in Germany

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Hi I am an American who moved to South Germany a year and a half ago. I currently have a 3 year total residents visa. In that time I met my Swiss wife. In the past 6 months I bought a new car in Germany that is registered and insured in Germany. We are still deciding where we will live. My question is if I decide to move to Switzerland for her how big of a pain will it become to register the car and get insurance in switzerland? Will I have to pay additional taxes on the car? Is it even possible considering the finance on the car is from a german bank? thanks for your help in advance.
See this from ch.ch:

"Moving to Switzerland
Vehicles belonging to people moving to Switzerland (that had been used for at least six months abroad) are duty free."

https://www.ch.ch/en/importations-cars-switzerland/

Added:
A good source of information for someone considering a move to Switzerland is the Swiss Authorities Online website: ch.ch
It's in several languages including English.

Also, consider buying a recent edition of the book: "Living and Working in Switzerland" by David Hampshire:

https://www.exlibris.ch/de/buecher-b.../9781909282599

Last edited by Mullhollander; 11.07.2018 at 10:59.
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Old 11.07.2018, 11:49
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Re: US married Swiss was living in Germany and own car in Germany

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See this from ch.ch:

"Moving to Switzerland
Vehicles belonging to people moving to Switzerland (that had been used for at least six months abroad) are duty free."

https://www.ch.ch/en/importations-cars-switzerland/

Added:
A good source of information for someone considering a move to Switzerland is the Swiss Authorities Online website: ch.ch
It's in several languages including English.

Also, consider buying a recent edition of the book: "Living and Working in Switzerland" by David Hampshire:

https://www.exlibris.ch/de/buecher-b.../9781909282599
thank you very much this information helps me. I am probably overthinking it but I do wonder if they would say, technically I don't own it, the bank does and I am still paying it off
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Old 11.07.2018, 12:01
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Re: US married Swiss was living in Germany and own car in Germany

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thank you very much this information helps me. I am probably overthinking it but I do wonder if they would say, technically I don't own it, the bank does and I am still paying it off
That's only a problem between the bank and you as the bank might not be happy that you permanently export the car to a foreign country if the lease is still running.

For the rest see:
Swiss Customs regarding importing, tax and duty:
https://www.ezv.admin.ch/ezv/en/home...ts--etc--.html
https://www.ezv.admin.ch/ezv/en/home...es--cars-.html
and ASA guideline No. 1 regarding registration https://asa.ch/it/biblioteca-online/direttive/

That should explain everything.
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Old 11.07.2018, 13:08
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Re: US married Swiss was living in Germany and own car in Germany

I see people responding and talking about lease, but OP says she bought the car with a loan, which has nothing to do with leasing. But she also says the bank technically owns it, which would be weird when financed in Germany.

If the car is financed by a loan it is not a lease and the car is fully hers with highly likely restrictions on not being allowed to sell or export the car without paying of the loan first. (they hold a part of the registration papers needed for export and/or name change, but possession is fully hers)

Can be confusing since financing and lease are much more different products in most of the surrounding countries than they are here.

If OP can clarify if it is a finance or a lease, and also read her contract to see about restrictions we can inform her correctly.
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Old 11.07.2018, 13:47
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Re: US married Swiss was living in Germany and own car in Germany

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I see people responding and talking about lease, but OP says she bought the car with a loan, which has nothing to do with leasing. But she also says the bank technically owns it, which would be weird when financed in Germany.

If the car is financed by a loan it is not a lease and the car is fully hers with highly likely restrictions on not being allowed to sell or export the car without paying of the loan first. (they hold a part of the registration papers needed for export and/or name change, but possession is fully hers)

Can be confusing since financing and lease are much more different products in most of the surrounding countries than they are here.

If OP can clarify if it is a finance or a lease, and also read her contract to see about restrictions we can inform her correctly.
Yes it is a finance meaning I own the car as long as I make the payments and then pay the car off in 2 years. It is not a lease. In the actual agreement I do not know what it says as far as in the event I do move and need to register the car in Switzerland. If it gets that far then I am sure I will have to contact them then. Thank you for your answers. By the way on a side note, Id want your advice, once in a while my mother in law asks to borrow my car. I don't really want to say no to my mother in law as you could imagine, The car is german, my insurance is german and she has a swiss license. You think I should tell her no if she asks or just say I will drive her myself?
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Old 11.07.2018, 13:51
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Re: US married Swiss was living in Germany and own car in Germany

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I see people responding and talking about lease, but OP says she bought the car with a loan, which has nothing to do with leasing.
OP says:
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Is it even possible considering the finance on the car is from a german bank?
In English "To finance" is a generic term which can mean either a loan or a lease. https://madisoncapital.com/about-leasing/loan-vs-lease/

but OP goes further and also states
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technically I don't own it, the bank does and I am still paying it off
Normally only in a lease the assets is still owned by the finance giving entity.

Now come false friends and particulairieties of the German law.

In Germany "Fianzierung" normally means a loan. In case of a car it can actually remain the property of the crdit giving entity https://www.vwfs.de/automobile-angebote.html

In Switzerland the term "Fianzierung" is used in the more liberal form, and can mean either a loan or a lease.
https://www.tcs.ch/de/testberichte-r...nanzierung.php

Some of German car financing loans would be classed as leases in Switzerland and other countries. In Switerland you are allowed to pay back a consumer loan in full w/o any penalties (one of the main distinction in Switzerland if it is a loan or a lease https://www.admin.ch/opc/de/classifi...555/index.html) whereas in Germany they can charge you a penalty. https://www.kredittestsieger.org/vw-bank-autokredit/
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Old 11.07.2018, 14:05
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Re: US married Swiss was living in Germany and own car in Germany

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Once in a while my mother in law asks to borrow my car. I don't really want to say no to my mother in law as you could imagine, The car is german, my insurance is german and she has a swiss license. You think I should tell her no if she asks or just say I will drive her myself?
So long as the car is stationed in Germany and you ar a German resident than that is mostly a mater between you and your insurance. German traffic, customs, and tax law does not forbid your MIL to drive the car. But, your MIL can not drive it simply over the border into Switzerland. She would need permission and special exemption from Swiss customs to do so.

If you are a German resident and visit your MIL in Switzerland than she is only allowed to drive the car in Switzerland if it is in your direct benefit. Like you go on a wine tasting tour and she is the designated driver, or she gets and pickups medicine for you and she has no other means of transport (As long as your insurance company is also o.k.).

If you are a Swiss resident and the car is still on German plates/insurance as according ASA guideline No. 1 I think it should be o.k. if she uses the car also for her very own benefit. (As long as your insurance company is also o.k.). But better check with Swiss customs once you get your Form 15.30
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Old 11.07.2018, 14:12
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Re: US married Swiss was living in Germany and own car in Germany

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The car is german, my insurance is german and she has a swiss license.
Doesn't matter what her license is, it only matters where she lives.

If she lives in Switzerland, she can't drive it in Switzerland.

Tom
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Old 11.07.2018, 14:28
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Re: US married Swiss was living in Germany and own car in Germany

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OP says:


In English "To finance" is a generic term which can mean either a loan or a lease. https://madisoncapital.com/about-leasing/loan-vs-lease/

but OP goes further and also states

Normally only in a lease the assets is still owned by the finance giving entity.

Now come false friends and particulairieties of the German law.

In Germany "Fianzierung" normally means a loan. In case of a car it can actually remain the property of the crdit giving entity https://www.vwfs.de/automobile-angebote.html

In Switzerland the term "Fianzierung" is used in the more liberal form, and can mean either a loan or a lease.
https://www.tcs.ch/de/testberichte-r...nanzierung.php

Some of German car financing loans would be classed as leases in Switzerland and other countries. In Switerland you are allowed to pay back a consumer loan in full w/o any penalties (one of the main distinction in Switzerland if it is a loan or a lease https://www.admin.ch/opc/de/classifi...555/index.html) whereas in Germany they can charge you a penalty. https://www.kredittestsieger.org/vw-bank-autokredit/
I know, but the topic itself gets confusing when talking about completely different products and solutions at the same time until OP gives clarification.
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Old 11.07.2018, 14:30
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Re: US married Swiss was living in Germany and own car in Germany

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once in a while my mother in law asks to borrow my car. I don't really want to say no to my mother in law as you could imagine, The car is german, my insurance is german and she has a swiss license. You think I should tell her no if she asks or just say I will drive her myself?
If she lives in Switzerland she is not allowed to drive your German car inside Switzerland. If she lives in Germany she is no longer allowed to drive it in the EU once you've imported it to Switzerland.

Tho there are short term exceptions possible which require paperwork, but just say no.
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Old 11.07.2018, 16:10
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Re: US married Swiss was living in Germany and own car in Germany

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I know, but the topic itself gets confusing when talking about completely different products and solutions at the same time until OP gives clarification.
As far as in America Finance means you buy the car and you get a loan because you dont have enough cash or dont want to pay off the car in full. A lease is lease where you give it back.
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Old 11.07.2018, 16:14
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Re: US married Swiss was living in Germany and own car in Germany

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If she lives in Switzerland she is not allowed to drive your German car inside Switzerland. If she lives in Germany she is no longer allowed to drive it in the EU once you've imported it to Switzerland.

Tho there are short term exceptions possible which require paperwork, but just say no.
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
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Old 11.07.2018, 16:23
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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
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.
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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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As far as in America Finance means you buy the car and you get a loan because you dont have enough cash or dont want to pay off the car in full. A lease is lease where you give it back.
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.
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Old 11.07.2018, 16:42
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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
If it is a customs thing.

If you are here as a tourist (your main residence is not in Switzerland) you got a temporary tax, duty, and paperwork free import under the condition that only the actual tourist driver uses the car, and export it it within good time (i think it is one year).

See Zollverordnung des EZV https://www.admin.ch/opc/de/classifi...116/index.html

This is based on the Istanbul Convetion On Temporary Admission, Annex C
http://www.wcoomd.org/-/media/wco/pu..._eng.pdf?la=en

Article 5 of said annex specifies:
Quote:
(b) means of transport for private use may be used by third persons who are duly authorized by the persons granted temporary admission. Each contracting Party may permit the use by a person resident in its territory, in particular, where the means of transport is used on behalf and on the instructions of the person granted temporary admission.
That is the wine tasting and pharmacy case I mentioned above. You will not find this anywhere on the official website of the Swiss government http://www.admin.ch but if you ask Swiss Customs about the wine tasting use case they will say it is o.k. Picking up your daughter may be an other permitted use case. Contact and explain the situation to Swiss customs and they can say if it is a permitted use case or not: https://www.ezv.admin.ch/ezv/en/home...a/contact.html


As said, for the case you become a Swiss resident you have to look what your form 15.30 (permission that you can use a an "untaxed" car in Switzerland) does say who is permitted to use the car.

Also as said Swiss Customs may give permission for other uses, but it very seldom given and need good reason.

See also Art. 35 and 36 Zollverordnung (this is another one then the one linked above!)
https://www.admin.ch/opc/de/classifi...index.html#a35
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