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TAXES

Reader question: How can I find a German tax advisor?

The German tax code is complex enough to confound native Germans and foreigners alike. Finding an expert to handle it for you has many advantages—but how do you find the right one?

Published: 17 May 2022 15:45 CEST
Updated: 17 February 2024 13:52 CET
A calculator next to a tax return form.
A calculator next to a tax return form. Many people can get money back from submitting a tax return. Photo: picture alliance / dpa | Oliver Berg

Even in “normal” years, when you’re not having to work out the tax implications of ‘home office’ or the reduced working hours of Kurzarbeit, filing a tax return in Germany is daunting. Still, it often pays to do it and a good tax advisor – especially one who speaks English or your native language – can pay off. But how do you find that person and what should you be looking for?

Price is comparable, so look for other things

Tax advisory is a strictly regulated profession in Germany, to the point where tax consultants, or Steuerberater, have a fixed schedule of the rates they’re allowed to charge for certain services. Their rates are also capped depending on what your income is. A complicated case will still obviously be more expensive than an easier one, simply because it’ll take longer. If you make more money, you may also be charged more. But due to price regulations, one tax advisor isn’t able to charge significantly more or less than another for a similar case. So you’re free to let go of the stress of finding the best price and focus on finding the right tax advisor for the services you need.

“If they’re called a ‘Steuerberater’ and they have a stamp of accreditation, that person is qualified to do your tax return. Simple,” says Kathleen Parker, Managing Director of Red Tape Translation. “Now they may offer other services or forms of advice, like bookkeeping or legal advice. These are different and for those, they’re free to charge you what they like. But the price of doing and submitting your tax return is tightly regulated.”

READ ALSO: EXPLAINED: How to save money on your taxes in Germany

Finding someone familiar with international cases

As with so many things in Germany, finding help in a language you speak well is a priority when looking for the right tax advisor. But beyond navigating the technical terminology, you may well need someone familiar with international cases. That’s especially true because German residents who receive income from abroad, whether they’re self-employed doing work for international clients, or they own investments abroad, will typically have to file a tax return declaring it for that year.

“Check the LinkedIn and Xing profiles of different tax consultants and have a look at where they may have studied or worked before. That should give you some idea about whether they speak either English or your native language, and if they are familiar with particular international topics,” says Dirk Maskow, an independent tax advisor based in Berlin and Düsseldorf. “If they’re bilingual, there’s a good chance they’ll have their website in both languages.”

Depending on the firm, the tax advisor may have a lawyer on staff or be in a partnership with one. If so, check their list of available services. Legal advice on international tax cases will often be more expensive than similar advice for domestic cases, so it should be easy to spot in the price list if the firm offers such a service. If they do, contact them and ask if they might be able to handle your specific case. Certain relocation apps and services, such as Ark One, RelocateMe, or Settly, may also work with specialised tax advisors who have the expertise for your individual case. Some websites, like Steuerberater Guru, will even help you compare advisors.

READ ALSO: Everything you need to know about your German tax return in 2022

The trust factor

Once you’ve found someone with the credentials you need, what’s next before you sign on?

“It’s not surprising, but they best way to find the right tax advisor for you is often through the recommendation of a friend who is satisfied with the one they have,” says Maskow. “That’s because tax consulting has a lot to do with trust. That’s even truer if the language and country is new to you and you don’t always know what’s going on. Make sure you have an initial discussion – not just to see if the tax advisor is able and willing to deal with your case, but to make sure you have a good overall rapport.”

READ ALSO: Everything you need to know about paying taxes in Germany

Vocabulary

Tax consultant or advisor – (der) Steuerberater/(die) Steuerberaterin

Tax – (die) Steuer

Tax return or tax declaration – (die) Einkommensteuererklärung

Client – (der) Mandant / (die) Mandantin

Income – (die) Einkünfte

Capital assets – (die) Kapitalvermögen

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WORKING IN GERMANY

Can I have a freelance side gig as an employee in Germany?

Going freelance in Germany - or even starting a side hustle - can be a rewarding and exciting challenge. But it can come with its own bureaucratic challenges. What are the rules around having a freelance gig if you already have a job?

Published: 30 April 2024 10:06 CEST
Updated: 30 April 2024 15:52 CEST
Can I have a freelance side gig as an employee in Germany?

Whether it’s to try out freelancing or simply to earn a bit of extra money, many people in Germany may have thought about trying out a side gig – or a nebenberufliche Tätigkeit – while they still have a job. It might be an especially attractive option for part-time workers looking to try out a new project as well.

Germany generally allows this, provided that your employment contract doesn’t prohibit it explicitly.

That’s why the first thing you should do if you’re thinking about starting a side hustle is to read your employment contract.

At first, you’re looking to see if side gigs are explicitly prohibited. If there’s no explicit mention of it being prohibited, the next thing to look for is whether you need to seek the company’s permission – possibly through their HR department – to take up your side gig. If you do, this will be explicitly spelled out in your contract.

Once you do that, you need to check and see whether your side gig falls under the Trade Act (Gewerbeordnung). If it does, you will have to apply for the corresponding business license. If it doesn’t, you can be classed as a Freiberufler – or freelancer – and won’t need a special licence to start your business.

You’ll need to do some homework on what kind of business you are – and you’ll need to register with the tax office. Photo: picture alliance/dpa/dpa-tmn | Benjamin Nolte

However in both cases, you will still have to register with your local tax office (Finanzamt). 

In Germany, some professions will require you to have a Befähigungsnachweis – “certificate of competence” – proving you have expertise in your area and are appropriately accredited. These include regulated trades like working as a financial advisor or real estate agent.

Other trades, like marketing services and hospitality, won’t need such a certificate, but you might still be classed as a Gewerbe – which brings some different rules with it. Those who belong to the so-called “new self-employed”, such as artists, writers and journalists, are Freiberufler and don’t need a trade licence.

READ ALSO: Everything you need to know about becoming a freelancer in Germany

Do I need extra insurance?

For your job as an employee, you already will have the necessary health, care and pension insurance – with your contributions from your income there getting taken off your payslip.

If you have a side gig, you remain insured through your main job and don’t need to take out additional insurance. Your contributions – based on the income from your main job – will remain the same.

This changes if your side hustle becomes your main hustle – measured by your working hours. As long as the number of working hours you spend on your side hustle amount to less than your main job, you don’t need extra insurance.

In most cases, having a side hustle in Germany won’t impact your health insurance eligibility or contributions. Photo: thirdman /Pexels

The exception to this is if you take on an employee who works more hours than a mini-jobber. Hiring a mini-jobber is still fine.

If your side hustle does become your main hustle and you’re publicly insured, you need to advise your Krankenkasse.

KSK: How creative freelancers can pay less for German health insurance

What income tax do I have to pay?

First up, Germany has a tax class basically designed for second jobs. It’s called Tax Class 6 and it exists alongside your other tax class. That means that the income from your main job will be taxed according to the rules of one of five different tax classes. Which one you belong to in this case depends on family variables like your marital status or whether you’re a single parent.

Tax class 6, however, doesn’t take any of these variables into account and exists only for your side income. As such, your main employment income will never be taxed according to tax class 6 and your side income won’t receive the breaks and credits that your main income will if you normally belong to a tax class that gives you any advantages.

Tax class 6 will apply to any income you earn on your side hustle above €538 a month. Anything you earn up to this amount though is exempt from additional tax.

It’s important to note that if you do earn more than the monthly €538 minimum on your side hustle and thus have income subject to Tax class 6, you’ll need to file a tax return.

EXPLAINED: What German tax class are you in?

Do I have to charge VAT?

If your side hustle is earning you €22,000 a year or less, you can class yourself as a “small firm” or Kleinunternehmer – and you don’t need to charge VAT on your invoices. This is also the case if you earn above this amount but your income is earned abroad or from foreign clients. 

If you earn above that amount and work with German clients, then you will need to charge VAT and submit VAT returns to the Finanzamt. There can be advantages in doing this though, as it’s through these returns that you can get VAT back that you spend on legitimate business expenses.

EXPLAINED: What are the best bank accounts in Germany for freelancers?

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