Exemption from pension insurance

5 posts in this topic

Hi,

 

I am currently exempted from paying into the Deutsche Rentenversicherung since almost 3 years ago (until 01.11.2015).

 

I used the  "Antrag auf Befreiung von der Versicherungspflicht in der. Rentenversicherung für Selbständige mit einem Auftraggeber" in 2012 to accomplish this.

 

Today I received a letter that I will have to pay in the pension system starting 01.11.2015, either the (Half)Regelbeitrag or depending on the income (not a good option for me).

 

I have indeed one client, so I might seem like I am Scheinselbständig and 'cheating' the system, but my only client is a foreign company without a seat in Germany hence I must work as a freelancer for them as they can not employ me here (I was employed for this company for years before moving to Germany when I started consulting for them as a freelancer).

 

Does anyone know if there is any chance to use this to continue to be exempted from paying into the pension system?

 

Thank you in advance

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No, I am afraid not - there is no chance to extend this intial exemption.

 

This is not about "SCheinselbstständig" per se, you could probably get around this. But it is about "Arbeitnehmerähnliche Selbstständige", a construct the Bundesrentenanstalt is applying more and more to folks like you. Basically if more than 5/6 of your turnover/income are from one source/contract partner, you are considered "Arbeitnehmerähnlicher Selbstständiger" and are liable to contribute nearly 20% of your income to the public pension.

 

There are two ways around this

- make sure you'll never have more than 5/6th of your turnover from one source. Obviously that does not work with you

- or employ someone with a gross salary of > 451 EUR per month (sozialversicherungspflichtiges Arbeitsverhältnis). At the same moment you have an employee, you'll escape the public pension trapp for good.  I am sure you can find some use for someone whom you pay that little money - in contracts to paying 20% for pension contributions it will sure be a bargain...

 

Cheerio

 

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No, I am afraid not - there is no chance to extend this intial exemption.

 

This is not about "SCheinselbstständig" per se, you could probably get around this. But it is about "Arbeitnehmerähnliche Selbstständige", a construct the Bundesrentenanstalt is applying more and more to folks like you. Basically if more than 5/6 of your turnover/income are from one source/contract partner, you are considered "Arbeitnehmerähnlicher Selbstständiger" and are liable to contribute nearly 20% of your income to the public pension.

 

There are two ways around this

- make sure you'll never have more than 5/6th of your turnover from one source. Obviously that does not work with you

- or employ someone with a gross salary of > 451 EUR per month (sozialversicherungspflichtiges Arbeitsverhältnis). At the same moment you have an employee, you'll escape the public pension trapp for good.  I am sure you can find some use for someone whom you pay that little money - in contracts to paying 20% for pension contributions it will sure be a bargain...

 

Cheerio

 

 

Thx a lot Starshollow.


I really can't use any 'employee' as I have no need. Basically I sit on a computer and code all day so no one with the skills I would need would work for 451 EUR per month nor I need someone.
 

I wonder what the definition of a source is. If i make my client pay me 50/50 from 2 different sources, i.e. countries. I mean it is the same company, and I now get paid by the central in Norway, but what if I could arrange to split my invoices, 50% for the Norway office and 50% for the Swedish office.

How does the DRV determine what represents a client?

 

Also I did one check and it scares me (don't know if I missed smth).

The Regelbeitrag I would pay in the DRV is ~530 EUR per month.

I just checked on some Renteschätzer sites online that if I continued to pay that amount (530 EUR) in the DRV until I am 67 my pension would be ~650 EUR per month gross.
I did the same check for paying 530 EUR per month for in a Riester private plan and the predicted pension with 4% growth is ~1950 EUR per month.

I think I am missing smth as it would be crazy if the difference is that big.

Thx

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Can someone explain "Regelbeitrag". I can see that this amount for the West is around 580 EUR. But on the other hand we have this 18,6% rate on the income. Which one applies?

 

Is it maybe that Regelbeitrag serves as a fixed amount of RV to be paid when the income amount is unknown (on a yearly basis), and then, there is some kind of calculation (just like for electricity or heating in a household)?

 

I find it a bit strange that, for example, a self-employed person with a 2,000 eur average monthly income has to pay 580 EUR per month while an employee with a gross salary of the same 2,000 eur pays 372 (combined with what their employer pays).

 

I tried to google it but haven't found so far a definitive answer.

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