Is a developer a freelancer or self-employed?

12 posts in this topic

Hello everybody, this my first post there and I'm trying to figure out this "Fragebogen zur steuerlichen Erfassung" formular for setting myself as a freelance developer.

 

So I find this wonderful article which pretty much helped me. But there's still one point that I don't understand.

 

Here's the quote:

 

 

2.1 The most important field, state the job title you want to do, this will determine if the Finanzamt makes you a freelancer or self-employed person. If you are marked down as a self-employed person you have to pay business tax and file a business at the "Gewerbeamt". If you are a language teacher you will automatically be a freelancer, which means you will be self-employed but do not have to pay that tax, file a new business or apply for a business tax number. Write down „Sprachlehrer - Lehren der englischen Sprache“ (Language teacher - teaching the English language).

And my profession actually is Web developer. So in German it'll be something like webentwickler or softwareentwickler...

 

So my questions are the following:

-> Is my profession considered as freelancer or self-employed (seems like this difference is important) ?

-> What do I actually need to put inside the 2.1 field "Art des ausgeübten Gewerbes / der Tätigkeit" ?

 

I hope I'm clear.

 

Thanks you very much!

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I just did this last month and I am a freelancer. I would still advise you to get an English speaking accountant (Steuerberater). He/she will be able to explain in detail how to fill out the form and when/how to pay your taxes (or do it for you).

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I agree with Dok, get a Steuerberater. Sometimes the Finanzamt can be very demanding when it comes to this issue.

 

Basically if you are using "your mind" to work = consulting, expanding an existing software, working on a database etc you qualify as a freelancer and you don't have to pay the extra tax.

 

If you deliver an end product then it might be possible that you have to pay it. I don't really know the case about Web designers specific.

 

A Steuerberater will help you a long way. I have used one that advertises in this forum (Thomas Zitzelsberger) and he and his team arranged everything perfectly for me remotely

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Freelancers are an approved category of self-employed in German law according to which they are not required to form a company or join the local Chamber of Commerce.

 

Some self-employed are freelance, but not all.

 

All freelancers are self-employed.

 

Gottit?

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I suggest you read this: http://www.gulp.de/kb/lwo/Selbstaendiger-Softwareentwickler-und-Datenbankverwalter-ist-Gewerbetreibender.html

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Hi. I have a exactly same issue with mog. but i'm not eu citizen so I have to apply freelance or self-emoloyed visa first.

 

until now I'm a freelance base web developer. currently i have few contracts from out side of Germany and one contract from Germany. and have income to my german bank account.

 

Now i'm going to apply the freelance/self-emoplyoed visa. However there are different documents to apply for freelance or self-employed visa.

 

Self-emplyoed visa needs "Company profile", "Business plan", "Business concept", "Capital requirement plan", etc.. and Freelance visa is not required those documents..

 

Am I freelancer or self-emplayoed?

 

What I understand is probably I'm a freelancer. but If I want to have my own business (like providing web service to clients) i will be self-employed. in that case, Am i able to change the freelance visa to self-emplyed visa later on or next few years? Because I'm hoping to built up my base and create my own business..

 

Am I correct?

 

Thanks you very much

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Apply for the freelance visa and see how it goes.

You can always apply for new visa when you expand into non-freelancer activities.

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Thanks a lot Panda Munich!

 

I have another question about the documents to apply freelance visa. Sorry if it's basic question... What does it mean of "Economic Interest of the state of berlin"? What kind of documents I should prepare for this?

 

Please kindly advice.

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thanks a lot engelchen!

 

it is written on the document of "prerequisites" that:

 

Economic interest of the state of Berlin.

A residence permit can be issued to a foreigner for practicing a self-employed occupation if there is an economic interest or a regional need.

 

And I'm going to apply freelance visa which does not need "Company profile", "Business plan", "Business concept", "Capital requirement plan", etc.. and only self-employed visa is required those documents..

 

Do i still need to create Business plan to submit to the Senatsverwaltung?

 

Also how long is this freelance visa can apply for? 1 year, 2 years or 5 years? there is a place to fill up in the application form. and I'm planning to be freelancer in germany and hopefully will works properly and stay here more than 5 years. even i have to apply this visa every year or 2..

 

Thanks for your support!!

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