While becoming an entrepreneur is often seen as ‘going it alone’, this might not be the case. As an entrepreneur you can start your business with one or several partners, entering into a much more collaborative enterprise. If you start your own business by yourself, however, you are what’s called a ‘sole proprietor’.It’s important to understand how to start your sole proprietorship if you are thinking of starting a business and wondering if you should get anyone else involved. Being the sole proprietor requires knowing which forms to fill out and your tax situation will also be unique. The legal form for the sole proprietor refers to both merchants and freelancers or small traders. Each of these categories differ in key ways.If you’ve decided to go it alone with a sole proprietorship, let’s go through some of the basics to help you get started in Germany the right way.
What is a sole proprietorship?
Called an Einzelunternehmen in German, a sole proprietorship is a business run by one person and legally demonstrates no distinction between the individual and their business. The registration process for the sole proprietorship is actually the simplest kind of commercial or business activity in the country. If you plan to run a small business or perform paid work on the side of your primary income, sole proprietorship is likely the best tax fit.
What are the advantages and disadvantages of sole proprietorship?
Most important before deciding how to approach your business is to weigh the pros and the cons. Only by doing this will you be able to approach your business venture successfully.
Advantages
The sole proprietorship is the most popular form of business ownership in Germany and there are many reasons for this.
Disadvantages
One of the positives of sole proprietorship also functions as a potential drawback. While co-founding a business and running it with partners can cause trouble, it’s also a huge undertaking to do something like this by yourself. As the sole proprietor you are liable for all of your business related actions. You will need to keep track of your taxes, you will be the person to blame for falling sales—you will have no one with whom to share responsibility.
The different types of sole proprietorships
There are different types of sole proprietorships, each of which offers its own set of pros and cons, depending on the kind of business you want to run. Under the sole proprietorship banner are:
Registered traders (eingetragene Kaufleute (e. K.))
This type of sole proprietor is one entered in the commercial registry. That’s what the e. K. stands for. You qualify for this type if your business is a trade (§ 1 Para. 1 HGB). You may be exempt from registering depending on the size and type of your trade (§ 1 Para. 2 HGB).
Small traders (Kleinunternehmer)
As a kleinunternehmer, due to your low earnings you’re not required to pay VAT. Not having to do this keeps your taxes very simple, however you can choose to charge and pay VAT if it will benefit you in the long run.
Freelancers (Freiberufler)
A type of sole proprietorship restricted to a set of professions according to income tax law income tax law (EStG § 18), a freelancer in Germany pays taxes depending on their amount of income. Check our post on becoming a freelancer in Germany for information on the qualifying professions and earning amounts.
How to start a sole proprietorship: 6 steps to success
Getting your business going by yourself seems daunting at first glance. That’s why it always helps to break down the steps and take it one at a time. The six steps below will help you approach your dream methodically and sensibly.
- Business idea and business plan
- Open a business account
- Registering a business for your sole proprietorship
- Registering your sole proprietorship with the tax office
- Registration with the employers’ liability insurance association, the Chamber of Industry and Commerce, and the Chamber of Crafts
- Register with the employment agency (Agentur für Arbeit)
Founding step 1: Business idea and business plan
Begin with a clear idea for your business and a well-thought-out plan. With these things in order, you’re much more prepared to provide your local tax and trade offices with accurate information regarding your finances and activity. This is also the only way for you to be sure about the conditions that apply to you and with which legal form you’ll need to register.
Founding step 2: Open a business account
Sole traders are not obliged to open business accounts, but keeping your business and private payments separate from the beginning is nonetheless a good idea.
Always keep an eye on your finances – with the Qonto Business Account.
Founding step 3: Registering a business for your sole proprietorship
Freelancers are the only type of sole trader not required to register their business before beginning activity. To register your sole proprietorship, fill out a trade licence and submit it to the appropriate trade office. Your licence will include your legal form, personal data, business content, and bank account details.
Founding step 4: Registering your sole proprietorship with the tax office
Once you’ve registered, the Trade Licencing Office (IHK) will forward your information to the tax office. You then receive the tax registration questionnaire, which you’ll fill out to provide a realistic estimate of your expected turnover. The tax office will determine your income tax required in the year of founding your business. If applicable, you can also indicate here that, fitting into the small business regulation category, you are exempt from paying turnover tax.
Tax number for Freiberufler
As a sole proprietor, you are subject to income tax and must submit a tax return. You will also pay turnover and trade tax—only the freelancer is exempt from this.
Founding step 5: Registration with the employers’ liability insurance association, the Chamber of Industry and Commerce, and the Chamber of Crafts
All sole proprietors must belong to a professional insurance association. Freelancers are the exception again, however most freelancers are free to join statutory accident insurance. Certain freelance activities are also subject to compulsory insurance.
Commercial register for traders
Founding step 6: Register with the employment agency (Agentur für Arbeit)
Your final step is to apply for a company number (BBNR)—however this is only necessary if you as a sole trader employ some of your own staff. You can apply for the number from the employment agency (Bundesagentur für Arbeit). With this number you can be identified as a company. It is required in order for you to submit social insurance notifications.
As you can see with the steps laid out in this post, starting a sole proprietorship means you’ll have many things to do, but if you break it down into steps, it should feel less daunting. Above all, a successful business is all about submitting the right documents, filling out the forms correctly and belonging to the ideal tax class for you. Beyond that, you just have to put your passion into practice.
- The sole proprietorship is a business run by one person, with no distinction between business and individual
- Advantages: simple registration process, no difficulties with co-founders
- Disadvantages: full liability for actions, handling taxes yourself
- There are three different legal forms for sole proprietors in Germany
- Follow our six steps to establish your sole proprietorship