You can be employed through a third party deployment company (ArbeitnehmerÜberlassungsGesetz) for up to eighteen months. Such companies (known in other countries as Employer of Record / GEO / PEO / Umbrella companies) have an AÜG license.
We offer this to our clients in Germany. After eighteen months your company could setup (in order of complexity) a representative office, branch or subsidiary. Or you could pursue one of the self employed models.
Ask HN: Germans, how to work legally remote?
111–120 of 124 posts
Re: Ask HN: Germans, how to work legally remote?
#112I'm in a similar situation, except I'm a British citizen looking to move to Germany. I already have a sole director, UK limited company set up for contracting / freelancing. I've head rumours of German contractors using UK limited companies instead of the local GmbH/UG entities. How does that work generally? Are people setting themselves up as German employees of the UK entity and collecting a salary? Or is there som…
Without being able to contribute to your question: in hindsight of Brexit (UK will leave the EU) this might not be possible (as easy?) as in the past anymore.
Freedom of movement is still in effect until the end of October, as for after that time the visa/residency question is up in the air but there's an extremely good chance residency of some form will be offered to British citizens who are already established in Germany.
As for the company being incorporated in what will become a third country, from my research I can't see any reason why that will fall afoul of any regulations (as long as everything is properly reported to the authorities).
Re: Ask HN: Germans, how to work legally remote?
#113Earlier quoted context omitted.
Without being able to contribute to your question: in hindsight of Brexit (UK will leave the EU) this might not be possible (as easy?) as in the past anymore.
I think the "only" real change is that he will need a work visa, the other aspects should remain the same. A EU citizen can freely choose his workplace in the EU (which is a reason why the British voted exit, they specifically didn't want that).
Thankfully freedom of movement is still in effect until the end of October. So no visa's required just yet. As for residency after the brexit date that's completely in the air but I would rather be already inside germany than outside.
Re: Ask HN: Germans, how to work legally remote?
#114Earlier quoted context omitted.
Employment by US company: Did that for five years working remotely from Germany for a US Incorporated. I'm German, had a German contract with all the standard provisions for Germany (mandatory vacation, termination protections etc, employer contributions to health-care etc). Worked without a hitch, like being employed by a DE entity. The only gotcha is that my monthly pay would have social contributions and health-ca…
> They're more than useless. Can attest to that. Had similar situation - Being DE tax resident however working for my own company that is not based in DE. I had just a simple question - when and how do I pay my taxes here from the money I bring from my company that is not German. And they could not help me because they really could not understand that someone might be living in Germany but not working in Germany.
Did you ever find an answer to that question? Facing a similar scenario.
Re: Ask HN: Germans, how to work legally remote?
#115Earlier quoted context omitted.
> They're more than useless. Can attest to that. Had similar situation - Being DE tax resident however working for my own company that is not based in DE. I had just a simple question - when and how do I pay my taxes here from the money I bring from my company that is not German. And they could not help me because they really could not understand that someone might be living in Germany but not working in Germany.
Did you ever find an answer to that question? Facing a similar scenario.
Nope. Best I got was - Send money as salary and do yearly returns as additional income.
Re: Ask HN: Germans, how to work legally remote?
#116Earlier quoted context omitted.
Did you ever find an answer to that question? Facing a similar scenario.
Nope. Best I got was - Send money as salary and do yearly returns as additional income.
I think taking a salary is the only way to do it. I've been reading about the concept of opening a German branch of the foreign entity as a more formal thing. But obviously I will need to seek out a professional who actually has a clue.
Re: Ask HN: Germans, how to work legally remote?
#117I did this for a few years. Here are your options: Employment by the US company: They're allowed to employ you and have you "stationed" in Germany. You pay no US tax, and DE tax on 100% of this income. For Sozialversicherung, Rentenversicherung etc it's just as if you were selbständig. Since you're allowed to give up all sorts of rights in DE conteact Law, the US based contract is probably fine. Contractor for the US…
Employment by US company: Did that for five years working remotely from Germany for a US Incorporated. I'm German, had a German contract with all the standard provisions for Germany (mandatory vacation, termination protections etc, employer contributions to health-care etc). Worked without a hitch, like being employed by a DE entity. The only gotcha is that my monthly pay would have social contributions and health-ca…
Seems like a German citizen could use Stripe Atlas to create a US company, and then hire themselves through that entity. Would be cool if someone creates and shares boilerplate contract language to hire themselves "stationed" in Germany and cover the standard provisions that Germany requires.
Re: Ask HN: Germans, how to work legally remote?
#118Faced with similar issue, thanks for useful info guys!
Re: Ask HN: Germans, how to work legally remote?
#119You could stay in Germany for less than 183 days a year and in Austria/Switzerland/etc. for the rest. And have permanent residence somewhere like Georgia.
Nope.
Re: Ask HN: Germans, how to work legally remote?
#120Earlier quoted context omitted.
The difference between "Gewerbe" and "Freiberufler" ist quite grey. I'm the software field I have often seen the distinction between creating software on your own (creative/artistic work - freier Beruf) vs. implementing other's requirements (production - Gewerbe) but in each case it depends on the tax officer looking at the files.
Yes, unfortunately. With a degree in CS you might get away with Katalogberuf: no Gewerbe, no Gewerbesteuer
You don’t need a degree anymore. Experience comparable to a degree, documented with proper work contracts and references gets you there too. Source: myself, not German citizen, living and working in Germany as Freiberufler (alongside other things).