OnTheFritz

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About OnTheFritz

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  • Location Berlin
  • Nationality American
  1. If you're a salaried employee, you definitely won't qualify. If you're self-employed, things are muddier. For example, two people might both have the same *gross profit* from their business, i.e. they would both report the same figure on their EÜR tax form. But one, for example, might be an artist who is in the KSK, meaning half of their insurance and/or state pension (GRV) contributions are subsidized, whereas a non-artist might also have statutory health insurance (GKK) and essentially be paying double (employer and employee half of the total monthly premium), thereby greatly reducing their net disposable income. Or you might be privately insured and young, so perhaps your insurance isn't that expensive, increasing your net income. Any pension contributions you pay (voluntary GRV, Rürup, etc.) and possibly Berufsunfähigkeitsversicherung (not a business expense on your EÜR form but something you should have as a self-employed person) may also factor into the calculation. The scenarios are endless.   Unfortunately, the exception is vague and there's no real legal precedent for self-employed people. It's just a general guideline and leaves a lot of room for interpretation. A lawyer I talked to basically echoed this. Remember that you are dealing with bureaucrats, not accountants. My application is currently pending (Berlin-Kreuzberg, five months since submitting all my materials). My strategy has been to make a strong case that focuses on my *taxable income* as the benchmark, which should be no more than the taxable income of a contractually employed person whose Bruttoeinkommen would qualify them for the exception.   I'll post an update when I finally get a decision.