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Founding a company in Germany: €9600, 152 days and I still can't send an invoice

paolino.me

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Re: Founding a company in Germany: €9600, 152 days and I still can't send an invoice

#331

Earlier quoted context omitted.

They are jealous of the US system where you can create an LLC in one hour for $200, and by the next day be doing business with all your personal assets isolated.

There are not quite as easy, but still ways easier types to choose from in Germany, OP just decided to go for one of the very complex ones.

Not if you want both limited liability and the ability to take your hard won profits out of the company

Re: Founding a company in Germany: €9600, 152 days and I still can't send an invoice

#333

Come to Poland. You can get this done in less than a week

OP mentioned in the post that they can't move outside of Germany as it would trigger the exit tax (which would probably cost them significantly more).

This is going against multiple EU principles, but it was only introduced in 2022 and so far, there are no judgments on its enforceability as far as I'm aware.

Re: Founding a company in Germany: €9600, 152 days and I still can't send an invoice

#334
post #165

> Which leaves the only real question. Why 25,000 at all? It is my company and my risk. If I want to start with nothing, that is my call, not a toll the state collects before it will let me try. And the cheap door has a price of its own: to some clients, “UG” reads as “not serious,” and they would rather deal with a GmbH. The structure built to let me in quietly marks me for using it. The 25,000 is there to make sure…

High initial capital requirements have repeatedly proven to be more detrimental than beneficial ( https://mariusring.github.io/web/BacherFagerengRingWold_Sele... ). Germany is an outlier in wanting to keep the barriers high. Running a business in Germany is for a closed inner circle. The apparatus is not meant for broke college students turning their weekend project into a company.

In Germany getting 25k as a working adult is hard, because before taxes and social security that's 50k you need to earn. Thats more then an average person earns in a year before taxes, so they'll likely be saving for 5-10 years if they want to start one.

Now wherever that's an issue with the 25k admission fee OR with the fact that wages have stagnated for about 25 years in Germany, consequently mostly wiping out the middle class ... That's debatable.

Re: Founding a company in Germany: €9600, 152 days and I still can't send an invoice

#335
post #274

Earlier quoted context omitted.

> A company that starts with nothing wouldn't be a GmbH (limited liability company), it would be a GoH (company without liability), and there's a good reason why those don't exist... Those do exist in other countries. An LLC in the USA does not generally need to have a certain amount of assets. Such a company is more or less without liability until it has some assets; the worst case for its owners when it comes to a…

Not quite. In the US this condition is handled at the back end. Running a corporation or LLC without sufficient capitalization can be grounds for piercing the liability shield in a lawsuit.

I have the impression the situations where that actually happens are at least arguably serious misconduct, and usually targeted at someone with significant assets.

A construction company that pockets ten million dollars and doesn't build anything probably can't shield its owner this way, but a single-developer software consultancy that pockets ten thousand dollars and delivers buggy code can.

Re: Founding a company in Germany: €9600, 152 days and I still can't send an invoice

#336
post #50
post #12

Earlier quoted context omitted.

That way, AFAIK, the German government will determine that the "place of effective management" is Germany, and tax you also there. Double taxation is not better.

I would say that depends of the company's legal form. If you have an "AG" or "GmbH" you get double taxed anyway, one time the company and than again your salary. So if you have an Estonian equevilant of a GmbH/AG your company will get taxed by Estonia and your salary by Germany. The Estonian E-Residency Website at least confirms my assumption but in case of Germany I could be very well wrong of course... https://www.…

> So if you have an Estonian equevilant of a GmbH/AG your company will get taxed by Estonia and your salary by Germany

Estonian CIT is 0%. If you pay dividends (which is not required), or if you pay director’s salary (optional if you’re a one-man company without a ton of admin), those will be taxed in Estonia. If you only pay yourself for your actual services – no taxes in Estonia.

Germany might tax your Estonian company if they determine the company is a German resident. Check with your accountant.

(IANAL)

Re: Founding a company in Germany: €9600, 152 days and I still can't send an invoice

#337
The saddest thing is that bureaucracy will stay, grow and flourish until the point of breakdown, when the system is not able to pay bureaucrats their salaries.

Or maybe even until they can't physically get to work (read with accent: "that I need to do even if I don't get paid")

Re: Founding a company in Germany: €9600, 152 days and I still can't send an invoice

#338
post #165

> Which leaves the only real question. Why 25,000 at all? It is my company and my risk. If I want to start with nothing, that is my call, not a toll the state collects before it will let me try. And the cheap door has a price of its own: to some clients, “UG” reads as “not serious,” and they would rather deal with a GmbH. The structure built to let me in quietly marks me for using it. The 25,000 is there to make sure…

[deleted]

Re: Founding a company in Germany: €9600, 152 days and I still can't send an invoice

#339
post #335

Earlier quoted context omitted.

Not quite. In the US this condition is handled at the back end. Running a corporation or LLC without sufficient capitalization can be grounds for piercing the liability shield in a lawsuit.

I have the impression the situations where that actually happens are at least arguably serious misconduct, and usually targeted at someone with significant assets. A construction company that pockets ten million dollars and doesn't build anything probably can't shield its owner this way, but a single-developer software consultancy that pockets ten thousand dollars and delivers buggy code can.

In theory it’s based on whether the owner of the company intended to run it under capitalized in an effort to shirk liability.

Re: Founding a company in Germany: €9600, 152 days and I still can't send an invoice

#340
post #274
post #165

> Which leaves the only real question. Why 25,000 at all? It is my company and my risk. If I want to start with nothing, that is my call, not a toll the state collects before it will let me try. And the cheap door has a price of its own: to some clients, “UG” reads as “not serious,” and they would rather deal with a GmbH. The structure built to let me in quietly marks me for using it. The 25,000 is there to make sure…

> A company that starts with nothing wouldn't be a GmbH (limited liability company), it would be a GoH (company without liability), and there's a good reason why those don't exist... Those do exist in other countries. An LLC in the USA does not generally need to have a certain amount of assets. Such a company is more or less without liability until it has some assets; the worst case for its owners when it comes to a…

I set up an LLC in the US for about $500 and pay Delaware a few hundred each year in fees. As it turned out, it was probably an unnecessary exercise and I probably won't renew in a couple years. But it wasn't a big deal.
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