📊 Taxes and the small business scheme
In brief
The most important taxes in the trades: income tax, VAT and trade tax.
- Small business (Kleinunternehmer): You pay no VAT if your turnover in the previous year was at most 25,000 euros and in the current year is at most 100,000 euros.
- Opting out: You can waive the scheme. The declaration is irrevocable and binds you for five calendar years.
- Trade tax: Sole proprietorships and partnerships have an allowance of 24,500 euros.
- Construction withholding tax: Private clients are exempt. Businesses as clients must withhold 15 percent on construction services, unless you present an exemption certificate.
- Construction services: For orders from other construction businesses, the client often owes the VAT.
Get help from a tax adviser.
Step by step
- Estimate your turnoverEstimate your turnover for the first year and check the limits for small businesses.
- DecideSmall business without VAT or standard taxation with input tax deduction: both have advantages and disadvantages.
- Check construction servicesFor orders from construction businesses, find out whether the tax liability passes to the client.
- Keep trade tax in viewCheck whether your trade income exceeds the allowance.
Deadlines
- As a small business owner you may not show VAT on invoices and have no input tax deduction.
- If the 100,000-euro limit is exceeded in the current year, the exemption lapses. Monitor your turnover continuously.
- The opt-out declaration is irrevocable (§ 19 Abs. 3 UStG) and binds you for five calendar years; afterwards revocation is possible with effect from the start of a following year. Declaration and revocation are possible until the last day of February of the second following year.
- Construction withholding tax (§ 48 EStG): as a client (business) you withhold 15 percent of the consideration on construction services and pay it to the tax office. Ask your contractors for the exemption certificate under § 48b EStG.
In depth · legal basis, figures and practice – for advisers and professionals
Small business scheme
§ 19 Abs. 1 UStG: transactions are tax-exempt if total turnover in the previous calendar year did not exceed 25,000 euros and total turnover in the current calendar year does not exceed 100,000 euros. A business owner can irrevocably waive the tax exemption; the waiver binds for five calendar years and can afterwards be revoked only with effect from the start of a following year (§ 19 Abs. 3 UStG). Waiver declaration and revocation are possible until the last day of February of the second following year.
Construction services and liability for tax
Under § 13b Abs. 2 Nr. 4 UStG, construction services are subject to the recipient's liability for the tax. Under para. 5, the recipient owes the tax if they are a business that itself regularly provides construction services. This is presumed if the tax office has issued a certificate that is valid for at most three years. In this case the invoice contains no VAT. The details (notice of the recipient's liability for tax on the invoice) were not checked.
Construction withholding tax
§ 48 EStG: if someone performs a construction service in Germany for a business or a public-law legal entity, the recipient must withhold 15 percent of the consideration and pay it over. The withholding does not apply if an exemption certificate under § 48b EStG exists or the consideration in the current calendar year is not expected to exceed 5,000 euros. The limit is 15,000 euros if the recipient carries out only VAT-exempt rental transactions (§ 48 Abs. 2 EStG).
Trade tax
For natural persons and partnerships, trade income is reduced by an allowance of 24,500 euros (§ 11 Abs. 1 Nr. 1 GewStG). The tax base rate is 3.5 percent (§ 11 Abs. 2 GewStG). The municipality sets the multiplier (Hebesatz); it was not looked up here.
Income tax
This page contains no information on income tax, advance payments and profit determination (cash-basis accounting, balance-sheet accounting). Please consult a tax adviser.
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.