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Freelance from Germany, get paid in another country

17 posts in this topic

Hello,

 

I live in Germany and got a work visa. Since I'm in Kurzarbeit I have plenty of free time and demand from other clients all over Europe but my visa doesn't allow me to freelance from here. I also have an address in Brazil, a company registered there and a brazilian bank account. I already do my tax returns regularly in Germany and Brazil.


My question is: if those potential clients agree to pay me in my brazilian bank account through my company (with official invoices) and I keep the money there, can I bypass this visa limitation without any problems? I imagine that since this money is not coming to my german bank account and not being declared here I don't need to give explanations to authorities about those freelance jobs, correct?

 

Thank you!

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20 minutes ago, LuisMesquita said:


My question is: if those potential clients agree to pay me in my brazilian bank account through my company (with official invoices) and I keep the money there, can I bypass this visa limitation without any problems? I imagine that since this money is not coming to my german bank account and not being declared here I don't need to give explanations to authorities about those freelance jobs, correct?

 

No! Your plans would violate the terms of your residence permit AND also be tax evasion AND potentially social security fraud. 

 

 

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18 minutes ago, engelchen said:

 

 

 

 

No! Your plans would violate the terms of your residence permit AND also be tax evasion AND potentially social security fraud. 

 

 


Can you please explain me why?
Why would it be tax evasion if I'm doing the tax returns normally in the country that my company is located and where the money is being kept? I'm also doing my tax returns normally in Germany related to my full-time job.

And why would this be violating the terms of my visa if the service is being made by my company? This would imply that I'm not allowed to have a company in another country.

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46 minutes ago, LuisMesquita said:


Can you please explain me why?
Why would it be tax evasion if I'm doing the tax returns normally in the country that my company is located and where the money is being kept? I'm also doing my tax returns normally in Germany related to my full-time job.

And why would this be violating the terms of my visa if the service is being made by my company? This would imply that I'm not allowed to have a company in another country.

 

Because you are a statutory resident of Germany and are obligated to pay taxes to support the infrastructure and stability from which you benefit.

 

How did you manage to make an international move when such basic concepts elude you?

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27 minutes ago, AlexTr said:

 

Because you are a statutory resident of Germany and are obligated to pay taxes to support the infrastructure and stability from which you benefit.

 

How did you manage to make an international move when such basic concepts elude you?

 

I think you missed the point. Like I said, I'm already doing my tax returns normally in both countries.
The point is not about the taxes. I'll will pay any amount that has to be paid. My problem is specifically about the visa. I'm asking if this is a solution for doing freelance being physically living in Germany.

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44 minutes ago, RedMidge said:

You have to declare your world-wide income to the German Tax, as you are resident here.

 

I'm aware, I still have to figure out how the taxation between both countries work though.

But my main concern is if I work through my company could being an issue with my visa.

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10 hours ago, LuisMesquita said:

 

I think you missed the point. Like I said, I'm already doing my tax returns normally in both countries.
The point is not about the taxes. I'll will pay any amount that has to be paid. My problem is specifically about the visa. I'm asking if this is a solution for doing freelance being physically living in Germany.

 

No, I didn't miss anything. Everything I said to you about your specific situation is still true. You will not create a visa issue if you declare your worldwide income. You will create one if you don't.

 

You also have to apply for permission to work freelance. So, go do that. You will also jeopardize your visa if you don't. 

 

You also must have permission from your employer to freelance. If your visa is job dependent,  you will risk your visa by losing your job.

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10 hours ago, LuisMesquita said:

 

I'm aware, I still have to figure out how the taxation between both countries work though.

But my main concern is if I work through my company could being an issue with my visa.

 

Consult with a Steuerberater to work out the worldwide income issues and to operate your business and your work in Germany optimally.   

 

I know some people who have a Limited Liability company in another country and they employ their cousin, sister, or neighbor who performs the work while the owner who resides and works in Germany provides only managerial guidance.     Maybe that is your situation.

 

Good luck.  

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7 hours ago, AlexTr said:

 

No, I didn't miss anything. Everything I said to you about your specific situation is still true. You will not create a visa issue if you declare your worldwide income. You will create one if you don't.

 

You also have to apply for permission to work freelance. So, go do that. You will also jeopardize your visa if you don't. 

 

You also must have permission from your employer to freelance. If your visa is job dependent,  you will risk your visa by losing your job.

 

I'm will declare my worldwide income, yes. I also have permission from my employer already. The problem is exactly that my visa doesn't allow me to freelance, and if I get the freelance visa I can't have my full-time job anymore. That's my question, if it won't have any clash with my normal work permit if I do the freelance through my brazilian company, and not as a Germany resident.
Also since we came to this, if I get paid in Brazil and pay all the due taxes in both countries, can I bring the money to Germany without paying extra taxes (since it was already taxed)?
Thanks for your time.

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2 minutes ago, LuisMesquita said:

 

I'm will declare my worldwide income, yes. I also have permission from my employer already. The problem is exactly that my visa doesn't allow me to freelance, and if I get the freelance visa I can't have my full-time job anymore. That's my question, if it won't have any clash with my normal work permit if I do the freelance through my brazilian company, and not as a Germany resident.
Also since we came to this, if I get paid in Brazil and pay all the due taxes in both countries, can I bring the money to Germany without paying extra taxes (since it was already taxed)?
Thanks for your time.

 

AFAIK, you can have the AB change your visa to have both freelance and employed work included. I would think this should be a fairly routine situation considering the current economic climate for some job areas.  Have you asked?

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5 hours ago, balticus said:

 

Consult with a Steuerberater to work out the worldwide income issues and to operate your business and your work in Germany optimally.   

 

I know some people who have a Limited Liability company in another country and they employ their cousin, sister, or neighbor who performs the work while the owner who resides and works in Germany provides only managerial guidance.     Maybe that is your situation.

 

Good luck.  

 

It's a similar situation but in my case I'm the one doing all the work, which is why I'm concerned if it can lead to visa issues. Although I really can't imagine how authorities would identify that, unless I get paid in my german bank account.

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48 minutes ago, AlexTr said:

 

AFAIK, you can have the AB change your visa to have both freelance and employed work included. I would think this should be a fairly routine situation considering the current economic climate for some job areas.  Have you asked?

 

That would actually be the perfect solution. I tried contacting the AB a couple months ago exactly about that but got no reply. Might be worth a shot to try again.

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5 hours ago, LuisMesquita said:

 

That would actually be the perfect solution. I tried contacting the AB a couple months ago exactly about that but got no reply. Might be worth a shot to try again.

 

 

It is only part of the solution. You also require your employer's permission and most importantly you have to declare any additional income to Agentur für Arbeit. 

 

 

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1 hour ago, engelchen said:

 

 

It is only part of the solution. You also require your employer's permission and most importantly you have to declare any additional income to Agentur für Arbeit. 

 

 

 

Good to know, thank you!

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1 hour ago, engelchen said:

You also require your employer's permission

 

Doesn't this depend on the Employment contract?

 

7 hours ago, AlexTr said:

 

AFAIK, you can have the AB change your visa to have both freelance and employed work included. I would think this should be a fairly routine situation considering the current economic climate for some job areas.  Have you asked?

 

Not sure how it is now, but in the past, one's passport determined if the freelance permission would be given easily.  

 

IIRC, US, Canada, Israel, Japan, Australia, and a couple of others get easier treatment.

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7 minutes ago, balticus said:

 

Doesn't this depend on the Employment contract?

Not sure how it is now, but in the past, one's passport determined if the freelance permission would be given easily.  

IIRC, US, Canada, Israel, Japan, Australia, and a couple of others get easier treatment.

 

I already have my employer's permission.

About the brazilian passport, I believe the only simplification I get is as a tourist in the schengen area. I don't think I can have any other advantage. But at the same time, in September I'll have 2 years of work visa, which would allow me to apply for permanent residence but I don't have B1 german level (yeah I know...). Mby this helps getting some advantage when renewing my visa.

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