Wegweiser Employers · Duties for small businesses and households Deutsch

👨‍👩‍👧 Family members in the business

Spouse, children or parents help out in the business. Whether this is employment subject to social insurance contributions depends on the actual circumstances and can be clarified with the pension insurance.

family business spouse helping in the business status determination (Statusfeststellung) Clearingstelle pension insurance false self-employment

In brief

Partners, children or parents often help out in a family business. Sometimes this is normal employment with wages and social insurance. Sometimes it is mere family help without employment.

What matters are the actual circumstances: Is the person deployed under instructions? Is there fixed pay? A contract alone does not decide.

If you are unsure, you can apply to the Deutsche Rentenversicherung Bund (German Pension Insurance) for a status determination procedure (Statusfeststellungsverfahren). The result tells you whether social insurance is compulsory for the person.

If you register family members, the health insurance fund often examines this further automatically.

Step by step

  1. Describe the workWrite down: tasks, working time, instructions, pay.
  2. Clarify the statusIf in doubt: apply for a status determination at the Deutsche Rentenversicherung Bund.
  3. If employed, register properlyContract, written record, pay, registrations as for any other person.
  4. Keep documentsPay wages in a verifiable way by bank transfer, not in cash without a receipt.

Deadlines

Case-by-case review
No fixed deadline; the pension insurance decides based on the actual circumstances§ 7a Abs. 1 SGB IV
Registration at the start
Notification of employment subject to social insurance§ 28a Abs. 1 SGB IV
Watch out – common mistakes
  • According to the law, the collection office (Einzugsstelle) must initiate a status procedure if the notification shows that the employed person is a family member or a managing shareholder (§ 7a SGB IV).
  • Compulsory insurance established retrospectively can lead to demands for back payment of contributions; the amount and limitation period were not evaluated here.
  • No pay does not automatically mean no employment, and pay does not automatically mean employment.
  • Youth employment protection rules additionally apply to children; these were not checked here.
In depth · legal basis, figures and practice – for advisers and professionals

Status determination

Under § 7a Abs. 1 SGB IV, the parties can apply in writing or electronically to the Deutsche Rentenversicherung Bund for a decision on whether a contractual relationship is employment or self-employment. The law provides that the collection office must submit an application if the employer's notification shows that the employee is a family member or a managing shareholder. The procedure is not admissible if a procedure to determine compulsory insurance has already been initiated.

Points not checked

Which criteria the pension insurance applies to family members in detail (being bound by instructions, integration into the business, pay at the usual level) and how this affects spouses or children who help in the business was not evaluated from primary sources in this research. Consult the information from the Deutsche Rentenversicherung or seek advice.

Who is responsible
  • Deutsche Rentenversicherung Bund (status determination)
  • Health insurance fund as collection office
  • Tax adviser for questions on wages and business expenses
Further reading
Registration, immediate notification and accident insuranceEmployment contract and Nachweisgesetz

Quick questions

Worum geht es bei „Family members in the business“?
Spouse, children or parents help out in the business. Whether this is employment subject to social insurance contributions depends on the actual circumstances and can be clarified with the pension insurance.
Which deadlines and figures matter?
  • Case-by-case review: No fixed deadline; the pension insurance decides based on the actual circumstances (§ 7a Abs. 1 SGB IV)
  • Registration at the start: Notification of employment subject to social insurance (§ 28a Abs. 1 SGB IV)
What should I do first?
  • Describe the work: Write down: tasks, working time, instructions, pay.
  • Clarify the status: If in doubt: apply for a status determination at the Deutsche Rentenversicherung Bund.
  • If employed, register properly: Contract, written record, pay, registrations as for any other person.
What do I need to watch out for?
  • According to the law, the collection office (Einzugsstelle) must initiate a status procedure if the notification shows that the employed person is a family member or a managing shareholder (§ 7a SGB IV).
  • Compulsory insurance established retrospectively can lead to demands for back payment of contributions; the amount and limitation period were not evaluated here.
  • No pay does not automatically mean no employment, and pay does not automatically mean employment.
Evidence
  • SGB IV § 7a, gesetze-im-internet.de, retrieved 20 September 2026
  • SGB IV § 28a, gesetze-im-internet.de, retrieved 20 September 2026
As of

September 2026 · Sources and method

A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.