Entrepreneurial status
All services that are performed in Germany in return for payment as part of a business are subject to German VAT. According to the definition in Section 2 (1) of the German Value Added Tax Act, you are an entrepreneur if you carry out a commercial or professional activity independently. In this case, you must generally charge VAT on your services. However, there are exceptions, for example, for companies with only low turnover (so-called small business regulation, Section 19 UStG) or if a tax exemption applies to the turnover carried out.
Commercial or professional is any activity that is designed to generate income on a permanent basis.
The ability to be an entrepreneur therefore applies to all
- natural persons (individuals who operate a business within the meaning of the UStG, e.g. retailers, craftsmen, landlords),
- legal entities (e.g. AG, GmbH, cooperatives, registered associations, foundations) and
- Associations of persons (e.g. GbR, OHG, KG).
Small business regulation
The so-called small business regulation (§ 19 UStG) is a statutory simplification regulation for companies with low turnover. The services provided are exempt from VAT. Your total turnover must not have exceeded EUR 25,000 in the previous calendar year and must not exceed EUR 100,000 in the current year. If you have started your commercial or professional activity in the course of the calendar year, only the actual turnover of the current year is taken into account. The turnover limit of EUR 25,000 is decisive for the year of foundation.
If your turnover exceeds the limit of EUR 100,000 (or EUR 25,000 in the year of establishment), the small business regulation is terminated with immediate effect. From the turnover with which you exceed the limit, your turnover is subject to standard taxation.
In return, however, you will not be able to claim input tax deduction for purchased services because VAT will not be charged.
Note: If you make use of the small business regulation, you are not allowed to show VAT separately on your invoices.