International tax/law consultant for incorporation: any recommendation?

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Hi guys,

 

I have an online business which is growing and I need to incorporate this year.

 

Not in Germany though.
Simplicity and not filing returns is my main goal.

Plus I'm not German, I don't speak the language, and I plan on being a bit of a nomad (ie.: won't stay here more than the legal 180 days/year).

 

Where to incorporate, I don't know yet.

And that's why I wanted to speak with an expert on international laws and taxes.

 

Anyone has a good recommendation?

Best in Berlin, but also away with Skype/phone could be OK.

 

 

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1 minute ago, lux7 said:

I plan on being a bit of a nomad (ie.: won't stay here more than the legal 180 days/year).

Just so you know, the 180/185-day rule isn't an all-or-nothing prospect. Unless you can prove that your primary residence and center of life is somewhere else, Germany will assume that you're a tax resident and treat you accordingly (see Becker, Boris; Graf, Werner et al).

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https://expattax.de 

 

I've heard good things about them.

 

As El Jeffo says, staying in Germany for less than 180 days a year doesn't make you a non-resident regarding taxation. That only applies to employees of foreign companies seconded to Germany. Generally, just having access to an abode in Germany (even if you never use it) or having more than 90% of your income originating in Germany, turns you into a German tax-payer. In some cases, you don't even have to set foot in Germany the whole year to be a German tax-payer.

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If you don't speak German and don't want a German company, you're probably best looking for advice outside of Germany. Given your nationality, the UK might be your best bet!

One of the key things to consider is the nature of your business - it may be something straight forward in some countries, but subject to various controls in others (i.e. online gambling). What does your company do?

As @El Jeffoand @Smaug have said, there is no such thing as a 180 day "law" (or the "183 day rule" for those who like to push things even further), it is at best a crude, rule of thumb. According to my Steuerberater, German accounting rules assume that if the individual who controls the company is based in Germany, then the company should be taxed in Germany. Things that will help you rebut that assumption and show that the company is not based in Germany even if you live here, would be for example offices and employees in the country where the company is incorporated, and other directors based outside of Germany (ideally one of whom should have the authority to bind the company without your involvement).

 

 

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Thanks guys!

 

Obviously I need to more research.

 

I own a house here and my business is online.

Courses, AdSense revenue and some affiliate income, almost all of it outside of Europe -it's all in English-.

 

I suppose that owning a house does not automatically make one a tax resident?

 

I'll reach out to those guys at https://expattax.de/, eventually will update here when I get all the answers for future reference.

 

2 hours ago, El Jeffo said:

 (see Becker, Boris; Graf, Werner et al).

LOL good one.

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7 minutes ago, lux7 said:

 

I suppose that owning a house does not automatically make one a tax resident?

 

 

No, owning a house doesn't automatically make you a tax resident, as far as the house is not available to you (i.e. it's let).

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Interesting, thank you Smaug.

 

Does that mean the contract should be unbefriestet then or it means that it would be available to you.

 

Like for example if one were to give out a contract for the winter until May-June and spend a few months in Germany until he rents it out to someone else with another close-ended contract.

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@lux7 you're after more of a concrete answer than anyone (except the tax authorities or a judge) will give! As @El Jeffo has already said, it is about where your "centre or life" is. Things such as "where is your house?" are simply indicators of your centre of life. Other indicators would be where your partner lives, where your kids go to school, and where you spend most of your working life. If you rent out your house in Germany for the majority of the year each year, that would start to indicate that at least that house is not your permanent residence. If at the same time you also owned a house in another country, and could prove with flight receipts that you spent the majority of your time in that house, that would tend to indicate to the German tax authorities that perhaps your centre of life isn't Germany after all. There isn't one hard and fast rule.

 

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