BY KARIN BORNETT ON DECEMBER 12, 2017 - translated from German to English

As a freelancer you are your own boss and nobody can order you around. Well, almost – since the German government wants to collect taxes and insurance contributions, of course. So, before starting as a freelancer in Germany you’ll have to make complete some formal procedures and fill in some forms. Especially for expats, this is a huge challenge. But don’t worry, with our guide you will orient yourself even in the German maze of bureaucracy. So let’s start: we will explain to you now how to become a freelancer in Germany – step by step.

In general, EU-citizens don’t need a work visa. Those who come from outside the EU need to apply for a visa in their home country or at the responsible embassy. As soon as you have a work permit (for EU-citizens this is not required) and you have your primary residence in Germany, you will have to follow the same steps to become a freelancer in Germany as the local freelancers:

1. Freelancers aren‘t business people

First of all it should be clear which profession you will practice exactly. In Germany there is actually a difference between businessmen and freelancers. The differentiation from a traditional business isn't always that clear. The tax office is responsible for approving whether you practice freelance work. As a freelancer you don’t need to register a business, therefore you don’t pay business tax either. Furthermore there is no accounting obligation.

The general rule is that freelancers perform scientific, artistic, educational or writing activities, which are not subject to the industrial code. This includes according to § 18 Einkommensteuergesetz (Income Tax Act) and § 1 Gesetz über Partnerschaftsgesellschaften (Act of Partnerships) the following professions:

  • Members of the bar, patent lawyers, auditors, tax consultants, consultant economists, sworn auditors (chartered accountants), tax agents
  • Engineers, architects
  • Doctors, dentists, vets, healers, physical therapists, midwives, massage therapists, certified psychologists
  • Industrial chemists, pilots, independent experts
  • Journalists, photo journalists, interpreters, translators and similar jobs such as scientist, artist, writer, teachers and educators
  • Auxiliary musicians, mountain guides, designers, dietitians, conductors, IT consultants, inventors, educators, photographers, cameramen, artists, lecturers, speech therapists, magicians, marketing consultants, market researchers, musicians, interior designers, actors, writers, dance teachers, entertainers, business consultants, make-up artists, copywriters and many more.

Especially in the IT sector, such as programming or web design, the classification is often controversial. If your profession cannot be classified clearly, it's better to get help from a tax consultant!

2. Registration at the tax office

When you have clarified the question whether you are allowed to work as a freelancer, we will now move on to the registration at the tax office. Therefore you will have to fill in a questionnaire of eight pages. It is called "Fragebogen zur steuerlichen Erfassung" (questionnaire of tax registration) and can be found online. Attention: If you fill in the sheet online, you will have to click on the top line to go to the other sheets! Once completed, you will have to hand in the questionnaire online or a printed copy to the responsible tax office. In this case, the responsibility refers to the place you perform your activity (which means the office or home office address).

When completing the form you should consider the following:

  • Description of your activity: This should be as precise as possible. List all the services you would like to offer. This way, you won’t have to register further services afterwards.
  • Planned incomes and earnings: This information is important, because the tax office sets the amount of the advance payments of the income tax therewith. Additionally, you will have to decide for a method of determining profits. Freelancers usually do a cash method of accounting, with which the earnings are determined by a comparison of the operating incomes and the operating expenses.
  • Small business regulation: If you have a revenue of less than 17,500 Euros in the first year and less than 50,000 Euros in the following year, you will be subject to this regulation and you won’t have to pay VAT. This also saves you bureaucratic burdens, too, because you don’t have to provide a turnover tax advance return.

After the registration at the tax office you will get your tax ID and your Value Added Tax Identification Number (UID), if you have applied for one. You will only need the UID as a small business if you issue fee notes to other EU countries.

The tax ID has to be mentioned on all invoices you issue and the VAT number on all invoices for clients outside of the EU. Furthermore, you will get a payment plan from the tax office, which states the amount of income taxes you have to pay. Usually, you pay it every three months. Once a year you will have to hand in the income tax return – as a small entrepreneur a simple accounting on a cash basis.

Please note: For some freelance works an advertising ban applies, it is not allowed to sell products. This applies for digital as well as for non-digital goods gilt. The responsible tax office can inform you whether your activity underlies this advertising ban.

TIP: This link leads you to detailed instructions for the questionnaire of tax registration (in English).

3. Getting insurance

As a freelancer in Germany you have to have health and accident insurance. Freelancers always have the free choice between statutory and private health insurance. The private health insurance has different pricing models, depending on the insurance company. You have also the possibility to get insured with the statutory insurance on a voluntary basis. Here you should compare the offers of the different insurance companies and to find individually the best option for you.

As a student you often get extra cheap rates. The student insurance of the statutory health insurance, for example, is particularly cheap with a contribution of around 60 Euros a month. However, you are not allowed to work more than 20 hours a week if you are insured with the student insurance of the statutory health insurance.

A big exception are freelance designers, artists and publicists. If you belong to this group, you can join the social insurance for artists. In simple terms, it functions as an employer who pays the employer contribution of your insurance. Whether this option is the best one for you, you will have to clarify individually.

For some freelance professions the membership of a chamber is mandatory, thus compulsory. These are:

  • Doctors, dentists, vets, pharmacists
  • Notaries, lawyers, patent lawyers
  • Tax consultants, auditors
  • Architects, consultant engineers.

Usually, they are subject to compulsory (pension) insurance of professional pension funds, which means the chambers. Here you can find an overview of the chambers including their addresses.

You can find a good (and serious) summary about the insurance obligations of freelancers on the website of the state of Saxony.

If you have managed step one to three you can start your self-employment. We wish you a lot of success!

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