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VAT (Umsatzsteuer) obligation for freelancer (Freiberufler)

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Pat87

Hi.  I have some basic questions about the topic, especially regarding who has to charge VAT (USt) and under what circumstances such charging can be exempt.

Is there anyone who can give advice on this? or who knows a tax consultant or tax accountant whom I can approach?


The background is that as a freelancer, I am working on a project run by a company outside the EU.  My agent is based in Germany (same as me), and I am a self-employed freelancing resource that my agent provides to that company (their client).  I invoice my agent for the work I perform for their client. They collect the money and then pass it to me. 


They do not invoice their client VAT, but insist that I have to include VAT (19% of my service fee) on the invoice I send to them.  Effectively, it means that I have to pay a portion out of the service fee I earn as VAT to the German tax authority.  This sounds to me illogical.   A tax accountant online told me that in similar cases, the party responsible for collecting and remitting VAT (if applicable) to the German tax authority is my agent (under Reverse Charge scheme), and not me.


If no VAT is collected from the end-customer (i.e. the client of the agent, and the client is outside the EU), how can I be responsible for remitting VAT to the German tax authority?

beppi

Tax matters are very complicated in Germany - and the consequences of doing it wrong severe: Cheating on taxes (even inadvertendly) is a criminal offense!

Therefore advising on tax matters is (sensibly) reserved to licensed tax advisers, one of which you should consult with your question. You can find them from a list available on their trade association:


From my limited layman understanding of the issue, you are performing a servce (and writing bills) to this agent, with both of you located in Germany - so clearly German tax law applies to the transaction. It doesn't matter, for this, that the agent sells your service on to a non-EU customer of his. Therefore, I am pretty sure that you have to register with the tax authority and pay GST ("MWSt" in German, generally 19% on most billed amounts). But for the details (and possible exemptions) you need the tax adviser!

TominStuttgart

Under a certain level of income one is considered a “Kleinunternehmer” or small business person and doesn’t have to collect the value added tax known as Mehrwertsteuer AKA MwSt. If one is over this amount they do and then it can be 19%, or 7% depending on the business. The Finanzamt has a list. As a clown I need to charge 7%, some other types of performers 19%. And of course you have to submit this amount to the tax authorities but you are billing your agent for the VAT so it’s not out of your pocket. You are just passing on what you collect; minus the MwSt you pay out on business expenses. Best you find a good tax advisor (Steurberater) to get you started correctly even if you manage afterwards to keep your own books and file tax returns.

TominStuttgart

Under a certain level of income one is considered a “Kleinunternehmer” or small business person and doesn’t have to collect the value added tax known as Mehrwertsteuer AKA MwSt. If one is over this amount they do and then it can be 19%, or 7% depending on the business. The Finanzamt has a list. As a clown I need to charge 7%, some other types of performers 19%. And of course you have to submit this amount to the tax authorities but you are billing your agent for the VAT so it’s not out of your pocket. You are just passing on what you collect; minus the MwSt you pay out on business expenses. Best you find a good tax advisor (Steurberater) to get you started correctly even if you manage afterwards to keep your own books and file tax returns.

Pat87

@beppi

Thanks beppi.  Taxation is indeed a complicated thing.  I asked the same question to a tax account.  His response was that I do not need to pay VAT in this case, but his second response said otherwise !

I will check out the list of tax advisors for advice.

Pat87

@TominStuttgart

Thanks Tom. 

I guess even the agent through which I am delivering the service to their client may also be confused about this subject.  When I invoice the agent, I have to input on their online system which generates an invoice.  Their invoice shows a 19% VAT on my service fee.  However, they never agreed to pay the 19% VAT  to me in our contract.  And as a result, they probably will not pay me that amount.  The problem is that the tax authority will ask me to remit that VAT since my invoice to the agent indicates such an amount.  If the agent does not pay that, I may have to pay the Finanzamt VAT out of my own pocket !

I may need not only a tax advisor, but a legal advisor to deal with my agent :)

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