Actually no it does not answer my question.
Let me rephrase it then, You state that having a German wife is a main reason
for being here not "soley" for the purpose of serving the U.S. Forces,so
basically if I have a German wife then that's it, period, end of story. By
the same token, then GS and Soldiers can be considered "Ordinarily Resident"
also, as I know many GS employees and soldiers that have been in Germany for
years and some for over a decade and they stay here for reasons other than
their job, ie: German wife.
So why are Contractors singled out by this, what steps are in place to insure
individuals seeking Government Service employment in Germany are not "OR",
again I know several that were deemed "OR" thru the TESA process, yet ended
up getting GS jobs in Germany. I know of another individual who grew up in
Germany with his American-German parents, went to German schools, has held
German work permits, his dad has lived and worked here for almost 20 years as
a GS employee, yet somehow he was granted TESA approval (Guess it helps to
hava a dad in high places)
So basically everytime my contract comes up for renewal I must go thru the
process again, and I am not therefore protected by the status of forces
agreements, because my situation may have changed. So therefore between
contracts it actually possible to have shifted my main focus of interest,
even though when I comenced work as a "TE" my focus was identified as non
German.
Can you give me a little info as to what length of time we're talking about
here, how long does a marriage to a German national have to be in affect
before it is considered a "shift", by the way nowhere in the "Exchange of
Notes" does it state anything about German spouses being a reason, just the
professional activity of said spouse, not the nationality.
Thank you for tying to clear up some issues.
Victim (deleted)
From: "Tucker Tina E (DOCPER)" <ttucker@chrma.hqusareur.army.mil>
To: deleted
Subject: RE: CHRMA Web Feedback
Date: Thu, 12 Oct 2000 08:13:45 +0200
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Sir:
The information below comes from the DOCPER website
(http://www.chrma.army.mil/docper).
"Although an individual may be granted SOFA status and enjoy the benefits of
logistical support (ILS), he/she may still be liable to the German
government for taxes. Article X of the NATO SOFA excludes from taxation the
income of members of the US Forces and the civilian component so long as the
presence of the individual in Germany is "solely "due to his/her employment
as a technical expert/troop care provider. Individuals not in Germany
"solely" to serve the U.S. Forces (e.g., someone married to a German
national), although not found "ordinarily resident" under the special test
negotiated under the Exchange of Notes, may still be found to have a tax
liability under Article X of the NATO SOFA. Thus, while they have an ID card
and the attendant privileges of SOFA status, they may also have German tax
liabilities ....... Thus, such an individual's income is subject to taxation
(unless otherwise exempt as in the case of US soldiers and government
employees under the Double Taxation Treaty between the United States and
Germany). Since this treaty does not benefit DoD contractor employees, some
individuals may qualify as technical experts, but be subject to taxation
under Article X."
We hope this has been of assistance.
DOCPER Staff
-----Original Message----From: Deleted
Sent: Wednesday, October 11, 2000 10:57 AM
To: webmaster@chrma.hqusareur.army.mil
Cc: alepage@chrma.hqusareur.army.mil; ttucker@chrma.hqusareur.army.mil;
hsippel@chrma.hqusareur.army.mil; rmicka@chrma.hqusareur.army.mil;
srivers@chrma.hqusareur.army.mil
Subject: CHRMA Web Feedback
Date/Time: 10/11/00 8:57:06 AM
IP Address: 136.216.75.2
Category: DOCPER
Name: deleted
Email: deleted
Phone: 781-3724
Organization: deleted
Comment Text:
How often must one go thru the TESA process.
Since I passed TESA, am I now protected under Article 10 of the SOFA. If not
why, and if not then why are GS and soldiers with similiar circumstances
protected by it.