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Taxes Between Germany and Poland: Tax Classes, Tax Refunds, and Double Taxation (2026)

German salary is exempt in Poland (exemption with progression – the MLI convention did not change this!), and without Polish income, you do not file PIT at all.

Good news to start: Poland and Germany have one of the most favorable tax treaties for employees. German salary is exempt from tax in Poland (exemption with progression method – the MLI convention of this treaty did not change, contrary to what some guides state), and if you have no Polish income, you do not file any declaration in Poland. On the German side, there is specific money to recover for Poles: tax class III with a spouse in Poland, family visits, double household – typical refunds amount to thousands of zlotys. This guide goes through everything with the 2026 parameters verified in the texts of German laws – including the fresh change that most Polish sources miss: the mileage allowance is 0.38 euros from the first kilometer starting in 2026.

Basic Principle: You Pay Where You Work

  • PL–DE Agreement of 14.05.2003: income from employment is taxed in the country where the work is performed – salary from Germany is subject to German tax.
  • In Poland: exemption with progression. Official interpretation from podatki.gov.pl: foreign income is excluded from the tax base in Poland, only affecting the rate on Polish income. If you have only German income → you do not file a Polish declaration at all. PIT-36 with attachment ZG is only needed if you also have Polish income on the scale (or if you are filing jointly with a spouse).
  • Myth-busting: the MLI convention did not cover the agreement with Germany (there is no MLI annotation in the official list of agreements with Germany) – the method has not changed to proportional deduction, as in the case of the UK or the Netherlands. The limit for the abatement relief does not matter here. General residency rules are described in the guide on tax residency and PIT for the Polish diaspora.

Tax Classes: III with a Spouse in Poland – Yes, It's Possible

The German income tax depends on Steuerklasse (I–VI). Married to a spouse living in Poland can – upon request – obtain class III (lowest prepayments) and joint assessment (Splitting): § 1a EStG treats a spouse from the EU as unlimited taxable. Practical conditions: at least 90% of the family's income is subject to German tax or income from outside Germany does not exceed double the tax-free amount (2026: 2 × 12,348 = 24,696 euros); a certificate of the spouse's income on the “Bescheinigung EU/EWR” form with a stamp from the Polish tax office is required. Beware of the classic trap: the combination of classes III/V (and class III alone on this path) means mandatory submission of an annual Steuererklärung (§ 46 EStG).

Deductions That Poles Leave on the Table

DeductionRules 2026
Commuting to Work (Entfernungspauschale)0.38 EUR for each full kilometer from the first kilometer (new – end of the old division 0.30/0.38); limit 4500 EUR/year, unless you drive your own car
Double Household (doppelte Haushaltsführung)Family home in Poland + accommodation near work in Germany: costs of German accommodation up to 1000 EUR/month + furnishings
Trips to Family (Familienheimfahrten)One trip home to Poland per week, 0.38 EUR/km
Employee Flat Rate1230 EUR per year automatically (Arbeitnehmer-Pauschbetrag) – above this, document costs (tools, work clothing, training)
Children (including those living in Poland)Kinderfreibetrag totaling 9756 EUR per child – the office compares it with Kindergeld (Günstigerprüfung) and applies the more favorable one; be sure to apply for Kindergeld, because when deducting, the office adds the right to it (details in the guide on Kindergeld for children in Poland)

German Parameters 2026 (from the texts of laws)

  • Tax-free amount (Grundfreibetrag): 12,348 EUR; rate 42% from 69,879 EUR, 45% from 277,826 EUR; Solidaritätszuschlag is paid only by ~10% of the highest earners (tax threshold 20,350 EUR tax/person).
  • Minimum wage: 13.90 EUR/h from 1.01.2026 (14.60 from 2027) – note, many Polish sites provide outdated 12.82 EUR.
  • Minijob: up to 603 EUR per month in 2026 (limit increases with the minimum wage) – tax-free for the employee; details in the guide on minijob in Germany.
  • Deadlines for Steuererklärung: for 2025 – by 31 July 2026; with an advisor or through Lohnsteuerhilfeverein – until the end of February 2027. A voluntary declaration (when you are not obliged) can be submitted up to 4 years back – and with Polish realities (commuting, family in PL) it is almost always worth it: commercial intermediaries report average refunds for Poles of around 3400 PLN.
  • How to file: ELSTER – free "online tax office" (registration for Steuer-ID). A cheap alternative for employees: Lohnsteuerhilfeverein – annual fee depends on income (from about 39 to 399 EUR in the largest association VLH), full service of the declaration and representation before the office; from June 2026, income limits for members have been removed. Many advisors near the border and in Polish diaspora areas speak Polish.

Commuters: Living in Poland, Working Across the Oder

  • Tax: in Germany (country of work) – the PL–DE agreement does not have a special cross-border clause. The most favorable path: apply for treatment as unlimited taxable (90% rule – a commuter with only German salary automatically meets it) → full deductions and Splitting. In Poland: exemption with progression, no declaration required in the absence of Polish income.
  • Health: normal employment in Germany = insurance in the German Krankenkasse (A1 is not needed – it is a delegation instrument). Take the S1 form from Krankenkasse and register it with NFZ: you can then receive treatment on both sides of the border, and your family is co-insured.

Returning to Poland?

The year of departure is settled in Germany normally (by 31 July of the following year). Regular savings and ETFs are not subject to the German "exit tax" (it only applies to shares of 1% in companies), and the transfer of money within the EU is unrestricted. On the Polish side, there is a return relief: exemption from PIT up to 85,528 PLN per year for those returning after at least 3 years abroad – it covers work, contracts, and business. The entire relocation is described in the guide on returning to Poland after years, and combining pensions from both countries – in the guide on pension from Germany and ZUS.

Own Business on the Side: small business in Germany requires registration at Gewerbeamt (the office notifies the tax office); small entrepreneurs benefit from VAT exemption up to 25,000 EUR turnover (from 2025 there is also a EU SME procedure – a Polish company can apply the German exemption up to 100,000 EUR turnover throughout the EU). Polish companies delegating employees to Germany need A1 certificates from ZUS (for up to 24 months).

Checklist for PL–DE Taxpayers: (1) check your Steuerklasse on your payslip – married to a spouse in Poland? Apply for III with the EU/EWR certificate; (2) collect tickets/kilometers for trips to Poland and bills for accommodation – these are real thousands of euros in deductions; (3) file Steuererklärung even voluntarily (up to 4 years back); (4) commuters: arrange S1 for treatment in Poland; (5) in Poland, you do not file anything until you have Polish income – and if you do, remember about PIT/ZG.

Sources

SourceTypeStatus / Credibility
podatki.gov.pl: income from work abroad (exemption for Germany)Official sitePrimary source
podatki.gov.pl: list of agreements (Germany without MLI annotation)Official registerMinistry of Finance
§ 32a EStG – tax scale 2026 (tax-free amount 12,348 EUR)Legal actPrimary source
§ 1a EStG – spouse from the EU and joint assessmentLegal actPrimary source (also § 1 para. 3 – 90% rule)
§ 38b EStG – tax classesLegal actPrimary source
§ 9 EStG – mileage allowance 0.38 EUR and double householdLegal actPrimary source
§ 46 EStG – when declaration is mandatoryLegal actPrimary source
§ 149 AO – deadlines for filing declarationsLegal actPrimary source
Zoll: minimum wage 13.90 EUR from 2026Official siteGerman customs administration
Minijob-Zentrale: limit 603 EUR (2026)Official sitePrimary source
ELSTER – free online filingOfficial serviceGerman tax administration
VLH: Lohnsteuerhilfeverein fees (39–399 EUR)Tax organizationLargest tax assistance association
Your Europe: S1 form for cross-border workersOfficial siteEuropean Commission
podatki.gov.pl: return reliefOfficial sitePrimary source

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