Sole proprietorship in Germany

So, you are in Germany and have the right to work. You have ideas, skills, experience, and even potential clients! Your calling is to bake cakes, do manicures, blog on Instagram, sew elegant dresses, cut hair, and repair or restore furniture. You want to work and earn money.

In Germany, before you can start a sole proprietorship that generates income, you must register it. And for many types of activities, especially blue-collar jobs, you must undergo training and pass a qualifying exam. In addition, you need to obtain a special permit or license in some cases. For example, if you breed dogs, you need permission from the veterinary department. The employment firm is required to obtain permission from the relevant agency.

Sole proprietorship in Germany

The following step-by-step instructions illustrate the procedure for opening a sole proprietorship in Germany:

Step 1.You must determine whether you need a special permit, license, or education to conduct this activity. You can request information from the tax office (https://www.bzst.de/) or the Chamber of Commerce and Industry of your city (www.ihk.de), and the requirements for working professions can be found on the website of the Chamber of Crafts (https:/ /www.handwerkskammer.de/).
Step 2.In the case where your type of activity does not require special permission or education, you need to determine whether the activity is Freiberufler or Gewerbe. If your profession is in the first category (freelancing), you fill out the “Tax Accounting Questionnaire” (Fragebogen zur steuerlichen Erfassung) and send it to the tax office. This form can be completed using the Elster app in German or the getsorted.de website in English. After approximately 2-4 weeks, you will receive a freelancer tax number.
Step 3.If your interests and desire to earn money lie in other areas that do not fall under the definition of a freelancer, you open Gewerbe. To register your company, apply your local Gewerbeamt (www.gewerbeanmeldung.de) online or by filling out a paper form. About a week later a confirmation arrives in your mailbox. Then you must fill out a tax accounting form and wait for your tax number.
Step 4.You issue invoices for your work – there are also several requirements – and keep simple accounting. Remember that you must file a tax return at the end of the year, so it is essential to collect receipts confirming payment of expenses for your trader to write off the expenses from the taxable amount!

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The advantages of sole proprietorship in Germany

Some Germans who have a permanent job open their sole proprietorship Germany. Including for financial reasons. When conducting such activities, you can write off a lot of things from taxes:

  • laptop,
  • Internet,
  • table and chair,
  • business trips,
  • gasoline,
  • car wear and tear,
  • consultations.

Everything potentially related to commercial activities is subject to the IRS’s scrutiny. Naturally, the IRS understands that people will take advantage of such privileges to reduce their overall income. Therefore, from 2023 in North Rhine Westphalia, special attention is paid to sole proprietorships whose income is close to zero, and write-offs are in full.

Second plus: Germany is a free enterprise country, and many activities do not require special permission or education. For example, there is a certified yoga teacher, and someone calls himself a yoga therapist or relaxation expert. Anyone can work as a real estate agent, private investigator, and matchmaker. To be a speech therapist, you need to obtain a qualification, but if you call yourself a Sprachtherapeut (Speech Therapist), training is unnecessary. This creative requires particular caution – there are restrictions on identifying yourself as such in resumes and contracts.

In Germany, training as a manicurist, tattoo artist, or makeup artist is not obligated. You are even allowed to open a manicure salon at home. However, this requires official permission from the property owner, and a separate room is needed to receive clients. The landlord may not give such permission since many strangers will come, and complaints from neighbors and wear and tear on the flooring are not what the apartment owner is interested in.

The third advantage of running a sole proprietorship in Germany is the exemption from VAT invoicing (value-added tax – Mehrwertsteuer, MwSt) if you declare yourself a Kleinunternehmer (mini-individual entrepreneur). This is the German simplified business scheme. There are a lot of nuances with VAT: a lot depends on who your counterparties are – individuals or legal entities, whether they are in Germany or another EU country… By issuing invoices without VAT, you have a competitive advantage. You must maintain simple accounting and pay income tax at the end of the calendar year.

Another advantage of entrepreneurship is paying bills. If you receive an order from a client, he is obliged to pay it after execution, and if he does not, the contractor can collect the debt. Non-payment consequences will be unfavorable – the person may end up in the debtor database, or the account will be transferred to collectors (Inkasso). Obviously, in Germany the performer is protected to a greater extent than in Eastern European countries.

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Faq

A sole proprietorship in Germany, known as Einzelunternehmen, is a business owned and operated by a single individual. It’s the simplest form of business entity where the owner bears full responsibility for all aspects of the business, including debts and liabilities.

To register a sole proprietorship in Germany, you need to determine if your activity qualifies as freelancing (Freiberufler) or commercial (Gewerbe). Complete the “Tax Accounting Questionnaire” (Fragebogen zur steuerlichen Erfassung) for freelancing or register at your local Gewerbeamt for commercial activities. Obtain necessary permits if required and start invoicing after receiving your tax number.

Sole proprietorships in Germany offer advantages such as tax deductions for business-related expenses like equipment, travel, and consultations. Additionally, as a Kleinunternehmer (mini-entrepreneur), you can benefit from VAT exemption, simplified accounting, and potential debt collection protections.

Depending on your business type, you may need special permits or qualifications. For instance, blue-collar professions often require training and passing exams. Check with the Chamber of Commerce (IHK) or Chamber of Crafts (Handwerkskammer) to determine specific requirements.

Yes, you can operate certain types of businesses, like manicure salons or freelance work, from home in Germany. However, you may need permission from your landlord and must comply with local regulations regarding client visits and noise.

Sole proprietors in Germany are subject to income tax on their profits. Kleinunternehmer can opt for VAT exemption if their annual turnover stays below a certain threshold. It’s essential to maintain proper accounting records and file tax returns annually.

Income from a sole proprietorship is taxed as personal income. Business expenses can be deducted to reduce taxable income. Understanding tax obligations and deductions is crucial to managing finances effectively.

Challenges include the sole responsibility for business liabilities and the need to comply with German tax laws and regulations. Maintaining accurate records and managing cash flow are essential for long-term success.

Yes, as a sole proprietor in Germany, you can hire employees. However, this involves additional legal and administrative responsibilities, such as registering for social security and complying with employment laws.

Before starting, research all legal requirements, permits, and tax implications thoroughly. Consider consulting with a tax advisor or business consultant to ensure compliance and avoid surprises. Focus on building a solid foundation for your business to thrive.

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