To apply to not apply for a Gewerbeschein?

11 posts in this topic

Hi all,

 

I am applying to work at a cleaning service and I need to send them a Gewerbeschein as a freelancer.

 

I have long ago received my tax number, but not this business license. I'm fine with doing it but am wondering if this will change my tax situation dramatically (in other words, will I have to pay more). I am a self-employed artist at the moment.

 

I did see posts on about this in the forum, but they were a bit outdated so I was wondering if someone could get me up to speed.

 

Thank you all very much!

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As long as your yearly profit from your Gewerbe (= the cleaning activity) will remain below 24,500€, nothing will change.

If it goes above that you will have to pay an extra tax called Gewerbesteuer of 14.35% (= 3.5% * 410%) on the profit above 24,500€. But you will get around 90% of the Gewerbesteuer back through an income tax credit.

 

Please also consider that if your total turnover from all activities exceeds 17,500€ a year, you will have to start charging your clients VAT, do monthly VAT announcements and transfer that VAT every month unasked into your local Finanzamt's bank account.

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20 hours ago, PandaMunich said:

As long as your yearly profit from your Gewerbe (= the cleaning activity) will remain below 24,500€, nothing will change.

If it goes above that you will have to pay an extra tax called Gewerbesteuer of 14.35% (= 3.5% * 410%) on the profit above 24,500€. But you will get around 90% of the Gewerbesteuer back through an income tax credit.

 

Please also consider that if your total turnover from all activities exceeds 17,500€ a year, you will have to start charging your clients VAT, do monthly VAT announcements and transfer that VAT every month unasked into your local Finanzamt's bank account.

 

Thanks a lot!

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Further to this topic...

 

I found out that what I need specifically is a Gewerbeanmeldung als Kleinunternehmer.

 

Is it possible to do this online, or do I have to do it in person at my Bürgeramt?

 

I found this site:

http://www.berlin.de/ea/en/online-portal/how-it-works/artikel.448263.en.php

 

But not sure it's correct as I only was able to find Anmeldung für Gerwerbe, not as Kleinunternehmer. Also for some reason they wouldn't accept my address...??

 

Thanks.

 

 

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You can either do it online (you have to register first, see link "registrieren": https://www.ea.berlin.de/web/guest/startseite

or

fill in the paper form (Formular "Gewerbeanmeldung") and go to your local Ordnungsamt: https://service.berlin.de/dienstleistung/121921/

Find your local Ordnungsamt here: https://service.berlin.de/standorte/ordnungsaemter/

 

Being a Kleinunternehmer is not something you declare in the Gewerbeanmeldung, this is something you declare in the "Fragebogen zur steuerlichen Erfassung" on page 6, check the box in line 136:  http://www.finanzamt.bayern.de/Informationen/Formulare/fms.php?n=034250

You submit this Fragebogen to your local Finanzamt: https://www.berlin.de/sen/finanzen/steuern/finanzaemter/

Please also read this thread: 

 

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Hi,

I also have some queries regarding gerwerbeschein.

I have a full time job and my tax class is 3 with one baby (1.5 years old).

 

My wife (housewife) wants to start her business (hobby) Henna/Temporary tattoo while staying at home and the expected earning is about 200 to 300 euro a month. She got a Gewerbschein so that she can advertise her business to get customers.

 

Now the question is what will be equation at the end of year

Will I be taxed in tax class 3 or 1?

What's better to have a gewerbeschein or not as we are sure that she cannot earn 17500 euro /year?

Any other tip/suggestion or recommendation.

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24 minutes ago, usmanjaved86 said:

 

I have a full time job and my tax class is 3 with one baby (1.5 years old).

(...)

Will I be taxed in tax class 3 or 1?

 

Your tax class will not change because of your wifes Gewerbe.

 

24 minutes ago, usmanjaved86 said:

What's better to have a gewerbeschein or not

 

There is no choice. Who does a Gewerbe needs a Gewerbeschein. 

 

24 minutes ago, usmanjaved86 said:

 

as we are sure that she cannot earn 17500 euro /year?

 

That magical 17.500 euro/year (full 12 months!) turnover has nothing to to with the Gewerbeschein or the Gewerbe, it's only relevant for the 'Kleinunternehmerregelung' i.e. charging/paying VAT or not. You don't need to charge VAT and pay it to the Finanzamt under that turnover. You have to charge/pay when your over it. 

 

24 minutes ago, usmanjaved86 said:

Any other tip/suggestion or recommendation.

 

You need to do more research about what your wife is doing. Consider to hire a Steuerberater at least for the first year/steuererklärung or so. 

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Hi, Thanks a lot for your time. Some more questions

 

1- That's magical 17500 euro/year will be taxed in the same way as mine? Can it be calculated online?

2-We have received some papers from Finanzamt and Handelswerk i think. Can i find some help to fill them here?

3- I would definitely consider a steuerberater any recommendation for this in Munich?

 

Again Thanks a lot.  

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21 minutes ago, usmanjaved86 said:

1- That's magical 17500 euro/year will be taxed in the same way as mine? Can it be calculated online?

 

The turnaround will not be taxed at all, the profit will be taxed. It will be taxed the same way, but since it's additional to your salary, you'll possibly pay a higher tax rate (the german tax tariffs are progressive). Knowing or estimating the profit you can calculate it there: http://www.parmentier.de/steuer/steuer.htm?wagetax.htm

 

21 minutes ago, usmanjaved86 said:

2-We have received some papers from Finanzamt and Handelswerk i think.

 

Handelskammer, IHK? (chamber of commerce and industry)

 

Finanzamt probably sent the 'Fragebogen zur steuerlichen Erfassung'.

 

AFAIK there is no english version of the 'Fragebogen zur steuerlichen Erfassung' but I found this: http://startupgermany.s3.amazonaws.com/forms/2011%2011%2015%20(iversity)%20fragebogen%20steuerl%20erf%20english%20guide%20(final).pdf 

 

and, round the corner,  http://www.toytowngermany.com/wiki/Freelancing_in_Germany

 

It might help with that part. 

 

This (it's in english) could be helpful, too: http://www.existenzgruender.de/EN/Die-ersten-Schritte/inhalt.html

 

Regarding the letter from IHK I have no online resource at hand, but maybe TT has something, try the search If not, try it here – there's always someone around willing to help.

 

21 minutes ago, usmanjaved86 said:

Can i find some help to fill them here?

3- I would definitely consider a steuerberater any recommendation for this in Munich?

 

I'm sorry, I'm near Stuttgart. But the Munich chamber has a (nationwide) search function on it's webpage, you can include foreign language capabilities in the search. http://www.steuerberaterkammer-muenchen.de/suchdienst.html

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This is an older post but one issue to be aware of, the moment your profit (not income) goes over 400€ a month you will be required to payhealth insurance. Johng has details. One option to avoid this is to either keep your profits under the magical 400€ limit or keep all the income in the insured persons name. Relatively easy to do with investment income, not so sure anout business income.  

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On 3.7.2017, 22:25:52, Tim Hortons Man said:

 One option to avoid this is to either keep your profits under the magical 400€ limit or keep all the income in the insured persons name.

 

Keeping all income in the insured persons name is only possible when the insured person has the Gewerbeschein/business license (and doing the tax declaration accordingly).

 

Claiming the income without Gewerbeschein (and leaving a paper trail) would be very dangerous – in two ways: Exercising a Gewerbe without license is only a 'Ordnungswidrigkeit' but it can be fined hefty anyway. Much worse, claiming the profits to avoid health insurance costs for the partner would be a criminal offense, social security fraud. 

 

 

 

 

 

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