Is Freiberufler the same as inside IR 35 in Germany ? Is Freiberufler the same as inside IR 35 in Germany ?
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    Default Is Freiberufler the same as inside IR 35 in Germany ?

    Hi Folks,

    Does anyone know if the Freiberufler thing in Germany is "the inside" equivalent. According to the article on CUK that is what it is. Also it says that if you sit at least 6 months at a particular client, you become automatically "inside IR35" no matter what anyone thinks.

    Also, what is the money retention with Freiberufler (inside IR35) in Germany?

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    80-90 contractors here have all just got their marching orders here this week due to the new labour laws which start on April 1st, check out ANÜ and Scheinselbständigkeit. A rather poorly worded law which no-one, in particular end clients quite understand. It is becoming very similar to IR35 here and having a Ltd (GmBH) doesn't make any difference...
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    Ja, my accountant has me registered as a Freiberufler. To be recognised as such you must have two jobs. They're are not so picky on the timings of employment periods so much. Although I doubt most on here could pay their tax bills before they've even written the invoice for said period!

    The tax man (or woman) we've found can be nasty just as the UK. BUT! keep in contact with them, maintain a dialogue, and you'll actually find them helpful and willing to listen.
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    Oh and to answer your question, yes, if you're not registered as Freiberufler then you've effectively on a AÜG contract. Which is the worst. Thieving really.

    Registered as a Freiberufler your retention calculation is simple profit/loss (expenses) calculation. Best tax code is number three. For that you'll need to be married with children. Living by yourself and you've be taxed as much as in the UK, in or out.


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    “We've always defined ourselves by the ability to overcome the impossible. And we count these moments. These moments when we dare to aim higher, to break barriers, to reach for the stars, to make the unknown known. We count these moments as our proudest achievements. But we lost all that. Or perhaps we've just forgotten that we are still pioneers. And we've barely begun. And that our greatest accomplishments cannot be behind us, because our destiny lies above us.”

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    All of the contractors here are registered as Freiberufler but are still being let go, it doesn't really exist after the 1st April as we know it. All contracts now have to be changed to Werksvertrag or Dienstvertrag and...
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    Quote Originally Posted by scooterscot View Post
    Ja, my accountant has me registered as a Freiberufler. ...
    I'm guessing that corresponds to "freelancer", but it looks like "free ruffler".

    In Tudor English slang a ruffler was a rogue and vagabond who claimed to be an invalided or retired soldier.

    Just about sums up how the government seems to view contractors and self-employed!
    Work in the public sector? Read the IR35 FAQ here

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