Ask HN: Germans, how to work legally remote? • Hacker News Board

Re: Ask HN: Germans, how to work legally remote?

#121

Post by [deleted] » Mon, Aug 05, 2019, 10:22 PM UTC

throwaway9283i wrote: post #62

helge5 wrote: post #26

Earlier quoted context omitted.

Just a small clarification: You are still "selbständig" (self-employed) if you do a "Gewerbe". The thing you don't get easily is a so called "Freiberuf", particularly if you don't have an engineering degree (though I managed to get it). Tax wise it is actually almost easier to do non-EU business than doing business in Europe, because there are no VAT issues involved (and there are no tariffs on those things). You jus…

Can you go more into detail regarding the tax stuff? Who pays the VAT then?

[deleted]

Re: Ask HN: Germans, how to work legally remote?

#122

Post by 762236 » Wed, Aug 07, 2019, 3:03 AM UTC

throwaway9283i wrote: post #46

762236 wrote: post #15

Earlier quoted context omitted.

The problem is that if you have a single client, the government may claim that you are trying to avoid tax and other obligations --- that you have a fake company.

Couldn't I just pay all of that stuff by my own to show them I have no intention to do so? I want everything to be legal. I do not want to save any money in taxes, health insurance or social insurance. I am actually happy to pay all this. Nevertheless I heard horror stories even by doing so you are at risk they will f..k you anyway after a Prüfung (audit) within the first five years or so.

Don't take my advice for figuring out a real-life situation.

Re: Ask HN: Germans, how to work legally remote?

#123

Post by rooam-dev » Wed, Aug 07, 2019, 7:09 PM UTC

cygned wrote: post #94

rooam-dev wrote: post #85

Earlier quoted context omitted.

Could you be more specific what loophole? I am in a similar situation, I am full time employed (as a developer) by 1 person GmbH. I work with a tax agency that has not said anything about this. Thanks.

The thing is, that just b/c someone at the tax agency said something, doesn't mean that it is right nor respected when they audit you. A lot of things in this area are not clearly defined and thus open to interpretation leading to all kinds of weird decisions. The following article (German) is a good read on that: http://www.schwerd.info/sozialversicherungsrecht/scheinselbs...

Thank you.

Re: Ask HN: Germans, how to work legally remote?

#124

Post by rooam-dev » Wed, Aug 07, 2019, 7:09 PM UTC

cntlzw wrote: post #92

rooam-dev wrote: post #85

Earlier quoted context omitted.

Could you be more specific what loophole? I am in a similar situation, I am full time employed (as a developer) by 1 person GmbH. I work with a tax agency that has not said anything about this. Thanks.

Unfortunately your tax agency is wrong. Finanzamt does not care much. It is the Rentenversicherung that you should care about. They might end up calling Scheinselbstständig. Better get at least one more client to work with.

Thank you.