Wednesday, November 17, 2010

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Federal Constitutional Court: married couples with various church affiliations have to pay church tax

This question drives many to: Does a spouse church tax paid to the church to which he heard where his other spouse or any other belonging to a church?

The Federal Constitutional Court has recently decided once again that the legal rules that cause attraction to the church tax are unconstitutional. Procedurally different judges do not have the constitutional complaints accepted for decision.

The Federal Constitutional Court explains:

The complainants live in so-called faith different marriages, which are characterized by the fact that only one of the spouses belongs to a legitimate church tax. Please contact is against the use tax to the church or against the use of the special church money as a manifestation of the church tax. This is based on different legal regulations in individual countries, in this case Bavaria, Lower Saxony, North Rhine-Westphalia and Thuringia, and in part to concretizing provisions of the tax authorized churches themselves (see Article 140 of the Basic Law in conjunction with Art 137 para 3 sentence 1 WRV).

Acceptance conditions for joint decision related to constitutional complaints are not available. Them is not a fundamental constitutional significance is still their adoption for the enforcement of these rights appears.

are granted for the decision essentially relevant constitutional issues already covered by the law of the Federal Constitutional Court clarified by the TRUE THAT THIS law and specialized courts of constitutional factors concrete answers. In particular, the Federal Constitutional Court stressed that, although not for income-tax income of the legally determined not a church belonging to spouses, but may well cost the life of the church belonging to spouses are the subject of taxation. If given the difficulties in determining the living expenses as an indicator of the economic performance of the church belonging to the spouse of this effort by the joint income of both spouses is measured is against this constitutional objections.

meet after the decisions challenged no constitutional concerns.


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