possibility of freelancing while on part-time employment contract

8 posts in this topic

Hello community.

I read through the various posts on this community regarding my questions, but non seem to be exactly relevant.

 

So i have a part-time 20hr/week employment contract in a university. I am a non-EU member with a residence permit.

 

I was offered some consultancy work of 20hr/week for some company. My employer at the university knows about it and doesn't mind it.

 

I already pay taxes and health insurance and rentensvrsicherung and all other -sicherungs etc.

 

I asked a person at the Aüslanderamt, from what i can gather she said that i need to bring the freelance contract detailing the hours to work and how much money i will make with them, and send these papers to the Ministry of Employment(?) for approval.

 

Before submitting those papers i wanted to understand the procedure and its effects? Im aware i will be paying more taxes but how much? is there a limit to what i can earn with that company?

 

Also anyone know here i can find a steuerberater in Bonn who is willing to deal with with English (my German is Kaput :))?

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56 minutes ago, ahmadD said:

Hello community.

I read through the various posts on this community regarding my questions, but non seem to be exactly relevant.

 

Actually, you don't think there's an answer to your individual situation, right?

 

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So i have a part-time 20hr/week employment contract in a university. I am a non-EU member with a residence permit.

 

What kind of residence permit? 

 

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I was offered some consultancy work of 20hr/week for some company. My employer at the university knows about it and doesn't mind it.

 

I already pay taxes and health insurance and rentensvrsicherung and all other -sicherungs etc.

 

I asked a person at the Aüslanderamt, from what i can gather she said that i need to bring the freelance contract detailing the hours to work and how much money i will make with them, and send these papers to the Ministry of Employment(?) for approval.

 

Does your residence permit allow you to work self-employed and why do you think that a fixed contract with a single company for 20 hours per week is a self-employed activity at all?

 

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Before submitting those papers i wanted to understand the procedure and its effects? Im aware i will be paying more taxes but how much? is there a limit to what i can earn with that company?

 

Self-employed people need more than only one client and if you earn more money with self-employment (if that is one) than in your job as an employee you have to insure yourself. The health insurance is then no longer covered through your employee job. 

 

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Also anyone know here i can find a steuerberater in Bonn who is willing to deal with with English (my German is Kaput :))?

 

By using one of the lawyer searches that you've certainly come across when you use the TT search function. For example these: https://www.anwalt.de/verzeichnis/rechtsanwaelte.php

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1 hour ago, someonesdaughter said:

Actually, you don't think there's an answer to your individual situation, right?

yea

 

1 hour ago, someonesdaughter said:

What kind of residence permit? 

Not sure what you mean by that..it just says on the card 'residence permit' (aufenthal tserlaubnis)

 

1 hour ago, someonesdaughter said:

Does your residence permit allow you to work self-employed and why do you think that a fixed contract with a single company for 20 hours per week is a self-employed activity at all?

I don't know if it allows me, i guess thats why they requested the documents, to check if im allowed to work freelance? 

As i understand it, freelance is different than self-employed? Self-employed means my visa has to be changed to a self-employed visa. However, my current visa is work visa based on that university job. Its preferable to me to keep my visa as a work visa and do some freelance job on the side.

1 hour ago, someonesdaughter said:

Self-employed people need more than only one client and if you earn more money with self-employment (if that is one) than in your job as an employee you have to insure yourself. The health insurance is then no longer covered through your employee job. 

I guess thats the difference between Self-employed and freelance. As i understand from some post i read here: freelance work is a 'simplified' version of self-employed, and having only 1 client makes it freelance?

I will not be making more money than my university job.

1 hour ago, someonesdaughter said:

By using one of the lawyer searches that you've certainly come across when you use the TT search function. For example these: https://www.anwalt.de/verzeichnis/rechtsanwaelte.php

Thank you

 

@someonesdaughter appreciate taking the time, thank you.

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1 hour ago, ahmadD said:

 

 

Not sure what you mean by that..it just says on the card 'residence permit' (aufenthal tserlaubnis)

 

There is more than only one type of residence permit. There are those that are linked to certain conditions or to a certain job; there are those that allow only "employment", i.e. work as an employee; there are those that allow also self-employment ("employment allowed") etc. 

 

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I don't know if it allows me,

 

Then you need to find that out.

 

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i guess thats why they requested the documents, to check if im allowed to work freelance? 

As i understand it, freelance is different than self-employed?

 

No, freelance (freiberufliche Tätigkeit) is one of two types of self-employment, limited to certain occupations. The other type is "gewerbliche Tätigkeit", a trade. 

 

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Self-employed means my visa has to be changed to a self-employed visa.

 

If you want to be self-employed you need a visa that allows self-employed work, correct. 

 

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However, my current visa is work visa based on that university job.

 

There you go. Please quote the § that your visa is based on. 

 

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Its preferable to me to keep my visa as a work visa and do some freelance job on the side.

 

If you want to be self-employed (regardless of whether you are are only self-employed or in addition to your job as an employee) you need a visa that allows self-employed work. It's not what you prefer that's relevant, it's what the law says. 

 

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I guess thats the difference between Self-employed and freelance.

 

No, "freelance" (freiberufliche Tätigkeit) is one of two type of self-employment, limited to certain occupations. The other type is "gewerbliche Tätigkeit", a trade. 

 

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As i understand from some post i read here: freelance work is a 'simplified' version of self-employed,

 

No sorry, see above.

 

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and having only 1 client makes it freelance?

 

No, having only one client does not make it self-employed activity.

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9 hours ago, someonesdaughter said:

There you go. Please quote the § that your visa is based on.

§18 Abs. 4 S.1

 

Okay, from what I can gather, Even if i have the a work permit (§18) and i would like to do some additional consultancy/freelance work, i must change my visa to a 'freiberufliche Tätigkeit'?

 

Is there a limit to what i can earn from the one client I have?

And how can much more taxes will I be liable for?

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The Auslänerbehörde wants to see the paperwork to ensure you are not working illegally. Your tax burden doesn't begin with them the moment they lay eyes on that paperwork, as that is not their purview. They want to see what sort of job it is. If in the end you don't actually work at this second gig, the Ausländerbehörde will not care.

 

Is your current employer aware that this other job will take-up (the other) half of your week? Have you filled out the paperwork necessary for a secondary job and got it signed off?

 

You do not necessarily need to change your visa (and they can say no), but your visa needs to allow freelance work. Any documentation you got with your visa should say if this is allowed or not. Back in the day, I had an extra piece of paper that outlined my conditions. For example, I was on a student visa for a few years, and it said I could work an additional limited number of hours per year.

 

Taxes depends on you and the alchemy of your particulars. You will have to declare (100% a must) this second job's income when filing your taxes, and your local friendly neighbourhood Finanzamt will take off a share for the usual slew of taxes AND pension. As mentioned, if you make more from this job than the uni job, you will also be taking over other contributions, like health, yourself. If you want a number to make you feel better, let's say 30-50%.

 

Something you need to be aware of, and if you are truly freelancing or self-employed, is Scheinselbständigkeit.

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4 hours ago, ahmadD said:

§18 Abs. 4 S.1

 

You work at a university, don't you? Have you ever tried to find out what that means?

 

"§18 Abs. 4 S.1" is about 'Beschäftigung'. Beschäftigung means employment (yes, I know, your German is broken. But then you have to repair it and help yourself with a dictionary as long as it is broken). 
 

4 hours ago, ahmadD said:

 

Okay, from what I can gather, Even if i have the a work permit (§18)

 

You have a work permit for employment.

 

4 hours ago, ahmadD said:

 

and i would like to do some additional consultancy/freelance work, i must change my visa to a 'freiberufliche Tätigkeit'?

 

No, you would need to change it to a permit that allows self-employed work in addition to employment, because you want to keep your job at the university.

 

(Nevertheless, I still doubt that your offer of 20 hours is a self-employed activity. And the employee of the foreigners authority doubts that, too, so she sends your contract to the Federal Labour Office.) 

 

4 hours ago, ahmadD said:

Is there a limit to what i can earn from the one client I have?

 

No.

 

4 hours ago, ahmadD said:

And how can much more taxes will I be liable for?

 

See alderhills answer, that depends on your total taxable income. 

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On 2/10/2019, 11:45:20, alderhill said:

Is your current employer aware that this other job will take-up (the other) half of your week? Have you filled out the paperwork necessary for a secondary job and got it signed off

Yes he is aware. I had to fill in the 'Nebentätigkeit' form and he signed off on it.

 

On 2/10/2019, 11:45:20, alderhill said:

Any documentation you got with your visa should say if this is allowed or not. Back in the day, I had an extra piece of paper that outlined my conditions

As far as i know, since im non-EU member, im allowed 40 hours of work per week only. 

 

On 2/10/2019, 11:45:20, alderhill said:

Something you need to be aware of, and if you are truly freelancing or self-employed, is Scheinselbständigkeit.

Yea, thanks for that. I was also made aware of 'gewerbeschein' i guess its relevant for me

 

On 2/10/2019, 1:38:07, someonesdaughter said:

yes, I know, your German is broken. But then you have to repair it and help yourself

Believe me im very aware of that, and im working on it :)

I have submitted the papers yesterday to the Ausländeramt and will wait for their reply.   

Thank you guys @someonesdaughter @alderhill appreciate the time and help

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