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As an entrepreneur in Germany or if you plan to do business in Germany, it is important to be aware of the tax implications involved. Lack of knowledge in this area can lead to fines, financial problems and even legal complications.

Therefore, it is crucial to be well informed and keep abreast of any changes in German tax laws. LegalDirekt tells you more about the different aspects of taxes for companies in Germany, and what you need to consider as an entrepreneur doing business in Germany.

Corporate tax in Germany

Corporate tax applies to the profits a company makes. In Germany, this tax is calculated on the basis of the annual fiscal result. The standard corporate tax rate is 15%. However, there are also special rates for smaller companies and certain sectors. In addition, there may be deductions and exemptions that allow a lower tax rate to apply.

The advantage of negotiation or mediation is that it often yields quicker results than going to court. Moreover, the atmosphere here is generally less formal, allowing for more flexibility and creativity. A specialised lawyer can support and advise you on this, so that you can negotiate effectively and possibly reach an agreement.

Why is it important to understand corporate tax in Germany?

Paying taxes in Germany: as a business owner, it is essential to be aware of corporate tax in Germany. By having a good understanding of the rules and rates, you can better plan your finances and avoid potential surprises. Moreover, optimising tax liabilities can help save costs and increase profitability.

With our in-depth knowledge of the tax system in Germany, we ensure that our clients and partners are compliant and take full advantage of opportunities.

BTW: Value Added Tax (VAT)

One of the most important aspects Dutch entrepreneurs need to consider when doing business in Germany is the Umsatzsteuer, or German VAT.

Sales tax is an indirect tax levied on the sale of goods and services. The standard rate of VAT in Germany is 19%, but there are also reduced rates of 7% for certain products and services, such as food, books and cultural events. Businesses that meet certain criteria may qualify for a VAT exemption.

Explanation of German VAT rules for cross-border trade

In Germany, VAT is calculated and levied based on the place of supply of goods or services. This means that if you, as a Dutch entrepreneur, supply goods to a German customer, you have to charge and remit German VAT. The same applies when you perform services for a German customer.

Turnover thresholds and when to charge German VAT

It is important to know that there are turnover thresholds for charging and remitting German VAT. If your annual turnover is below this threshold, you do not have to charge German VAT. However, these thresholds can vary depending on various factors such as the type of goods or services you provide.

Requirements and procedure for filing Intrastat declarations

In addition to the VAT rules, Dutch entrepreneurs doing business in Germany should also be familiar with the requirements and procedures for filing Intrastat returns. Entrepreneurs who are liable for VAT in several EU member states are required to file an Intrastat declaration. It is important to understand how this process works and ensure that you submit your returns on time and accurately.

Trade tax and income tax

Besides the Value added tax (VAT), there are other taxes that Dutch entrepreneurs need to consider when doing business in Germany, such as the Trade tax and Income tax.

Impact of Trade tax on business activities in Germany

The Trade tax is a local tax levied by the cities and municipalities where you operate as a business in Germany. The rate of this tax can vary depending on the location and the scale of your business activities. It is important to consider the impact of Trade tax on your business finances when planning your business activities in Germany.

Trade tax is levied at the local level by cities and municipalities in Germany. The rate can vary from one location to another and is calculated based on the profit a company generates. It is one of the main sources of revenue for local governments and is used to finance municipal facilities and infrastructure.

Less well known is that there are certain deductions and exemptions that can be applied to the Trade tax, depending on factors such as the size of the business and the nature of its activities.

Understanding income tax for individual entrepreneurs

As an individual entrepreneur, you also need to consider Income tax, or income tax. This is the tax levied on your income as an independent entrepreneur in Germany.

Income tax applies to individual self-employed entrepreneurs in Germany and is calculated based on the income they generate. The German tax system has progressive tax scales, meaning that higher incomes have a higher tax rate.

Less well known is that the Income tax also includes social contributions, such as contributions to health insurance and pension funds.

German social security contributions

Besides corporate income tax and VAT, companies in Germany are also required to pay social contributions. These contributions are used to finance health care, pensions and unemployment benefits, for example. The amount of social contributions depends, among other things, on employees' income and the type of employment contract.

Solidarity Surcharge and EC Sales List

The Solidarity Surcharge is an additional tax levied in Germany. It was originally introduced to finance the costs of the reunification of East and West Germany but has since been used as a source of general revenue for the German government.

The Solidarity Surcharge is calculated as a percentage of income tax and is paid by individuals and businesses with taxable income. The rate of the Solidarity Surcharge varies depending on the total amount of taxable income.

As of 2021, the annual exemption threshold for the Solidarity Surcharge has been significantly increased. Only higher incomes with an annual income tax starting from €17,534 are subject to this surcharge. are currently still paying the solidarity surcharge.

The increased exemption threshold for the Solidarity Surcharge applies to both individuals and entrepreneurs with income below the specified limit. This means that entrepreneurs with an annual income tax below the set amounts do not have to pay the Solidarity Surcharge.

For Dutch entrepreneurs in Germany, the Solidarity Surcharge can impact their tax obligations when conducting business in Germany.

Submitting the EC Sales List

The EC Sales List (ESL) is a report to be submitted to the tax authorities by entrepreneurs when they supply goods or services to other EU member states. This report is designed to identify trade between different Member States and includes information such as customers' VAT identification numbers, the total amount of the transaction and the country of destination.

For Dutch entrepreneurs trading across borders, filing an accurate and timely ESL is important to avoid fines and penalties. The exact obligations and deadlines may vary depending on the entrepreneur's specific situation.

You can submit the EC sales list annually, quarterly or even monthly, depending on each country's rules.

What is the difference between Intrastat and the EC Sales List (ESL)?

Intrastat and the EC Sales List are two different reporting requirements. Intrastat provides more detailed info to EU authorities on intra-EU movements of goods for statistical purposes. In contrast, the EC Sales List is more focused on tax returns and is submitted in the tax portal.

To clarify, Intrastat goes to customs and statistical authorities, while you submit the EC Sales List with your usual tax returns. Both deal with intra-EU transactions, but they differ in the nature and depth of the information you need to provide.

Correct and timely filing and payment are crucial to avoid fines and penalties. Failure to fulfil these obligations can lead to significant financial consequences for both individuals and companies.

As a Dutch entrepreneur, it is essential to be aware of the rules and regulations related to these taxes and to ensure that you comply with the reporting obligations. Hiring a professional tax advisor can help you understand your obligations and take the right steps to comply with them.

Customs (Customs) and Profit Transfer Tax

When exporting to Germany, you need to consider customs duties and excise duties. Customs duties are costs you have to pay when your products enter or leave the European Union. These costs can vary based on the type of product and its value. Excise duties, on the other hand, are special taxes that apply to certain products such as alcohol, tobacco and fuel.

As a Dutch entrepreneur doing business with Germany, it is smart to be aware of these customs duties and excise taxes. Understanding these costs and how to pay them is important to keep your export business running smoothly and profitably.

By staying abreast of current tariffs and regulations, you can ensure that your exports to Germany are hassle-free and in compliance with the law.

Example 1: Customs duties on electronic devices

Imagine you want to export electronic devices, such as smartphones, from the Netherlands to Germany. In this case, customs duties may apply to these electronic goods. These charges may vary based on factors such as the nature of the product, its value and country of origin.

Example 2: Excise duties on alcoholic beverages

Suppose you, as a Dutch entrepreneur, want to export alcoholic beverages, such as wine or spirits, to Germany. In this case, excise duties may apply to these specific goods. Excise duties are designed to tax certain consumer goods and can vary significantly based on the type of drink and alcohol content. You need to understand the applicable excise duty rates and ensure that you file correct returns and pay the correct excise duty to comply with legal obligations.

It is important to know which excise duty charges apply and to make sure you fill in the right paperwork and pay the right excise duties to comply with the rules. By understanding these rules and carefully following the correct procedures, you can avoid problems and conduct your export business successfully and legally compliant.

Practical steps to calculate and pay customs duties

Calculating and paying customs duties can be a complex process. There are several factors to consider, such as the value of the goods, the country of origin and the rate of customs duty.

As a Dutch entrepreneur exporting to Germany, it is important to take practical steps to accurately calculate and pay customs duties. Consulting professional tax advice and using automated tools can help manage these processes efficiently.

It is important to know which excise duty charges apply and to make sure you fill in the right paperwork and pay the right excise duties to comply with the rules. By understanding these rules and carefully following the correct procedures, you can avoid problems and conduct your export business successfully and legally compliant.

Profit transfer tax on dividend payments to German subsidiaries

Profit transfer tax refers to the tax levied on dividends paid by a Dutch parent company to its German subsidiaries. This tax is designed to prevent profits from being taxed twice in both countries.

For Dutch entrepreneurs who have companies in Germany, it is important to take this tax into account when planning dividend payments to their German subsidiaries.

As a Dutch entrepreneur, it is important to recognise that no two situations are the same and that there is no one-size-fits-all solution when it comes to tax strategies. By working with an experienced tax advisor, you can ensure that your business complies with all relevant tax laws and regulations.

Tax obligations and avoiding pitfalls

Managing tax liabilities can be challenging, especially when doing business in another country. Some tips:

  1. Keep accurate and detailed records of all income and expenses.
  2. Keep up to date with the applicable tax rules and regulations in the countries in which you do business.
  3. Consult a professional tax advisor to ensure you meet all obligations and avoid pitfalls.

By heeding these tips, you can avoid potential problems and manage tax obligations effectively.

Avoid fines and legal problems by complying with German tax laws

When expanding a business into Germany, it is essential to be aware of all local tax regulations. Failure to comply with these regulations can lead to fines, legal disputes and reputational damage. Let LegalDirekt help you avoid potential pitfalls and ensure that the way you operate is compliant with German tax laws at all times.

Our professional advisers guide entrepreneurs through the complex regulatory environment: from filing tax returns, preparing legal documentation, keeping relevant records to understanding local reporting requirements: LegalDirekt is by your side. Minimise risks, maximise compliance and build a strong foundation for your German operation.

Do not wait any longer and contact us today and find out how we can help you do business successfully in Germany! Choose LegalDirekt and lay the financial and tax foundation for successful business in Germany.

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