Self Employed Declaration Form for Germany

Self Employed Declaration Form Template for Germany

A comprehensive legal declaration document used in Germany to formally establish and confirm an individual's status as genuinely self-employed (Selbstständig). This document serves as crucial evidence for tax authorities, social security offices, and clients, helping to prevent classification as fake self-employment (Scheinselbständigkeit). It includes detailed information about the business operation, working arrangements, client relationships, and financial responsibilities, while complying with German trade and tax regulations.

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What is a Self Employed Declaration Form?

The Self Employed Declaration Form (Selbstständigkeitserklärung) is a vital document in the German business landscape, where the distinction between employment and self-employment is strictly regulated. This document becomes necessary when individuals establish themselves as self-employed professionals or when entering into business relationships with clients who require formal confirmation of self-employed status. It serves as a protective measure against Scheinselbständigkeit (fake self-employment) investigations and helps ensure compliance with German labor, tax, and social security laws. The form typically includes comprehensive details about business operations, working methods, client relationships, and financial independence, making it relevant for both the self-employed individual and their potential clients.

What sections should be included in a Self Employed Declaration Form?

1. Personal Information: Individual's full name, address, date of birth, and tax identification number

2. Business Details: Trading name, business address, type of business activity, and commercial registration details if applicable

3. Declaration of Self-Employment: Explicit statement confirming self-employed status and independence from client control

4. Business Activity Description: Detailed description of professional services offered and main business activities

5. Working Arrangements: Description of how work is performed, including control over working hours and location

6. Client Relations: Statement about freedom to work with multiple clients and absence of integration into client organizations

7. Equipment and Resources: Confirmation of using own equipment and resources for business activities

8. Financial Responsibility: Statement regarding bearing own business risks and costs

9. Tax Obligations: Confirmation of responsibility for tax payments and social security contributions

10. Signature and Date: Space for signature, date, and place of signing

What sections are optional to include in a Self Employed Declaration Form?

1. Professional Insurance: Details of professional liability insurance, required for certain professions

2. Industry-Specific Qualifications: Required for regulated professions or trades requiring specific certifications

3. VAT Registration: Include if the business is VAT registered or expects to exceed VAT registration threshold

4. Substitute Worker Rights: Statement about right to use substitute workers, if applicable to the business

5. Previous Employment Declaration: Required if the individual was previously employed by any current clients

What schedules should be included in a Self Employed Declaration Form?

1. Business Registration Certificate: Copy of Gewerbeanmeldung or relevant business registration

2. Professional Licenses: Copies of any required professional licenses or certifications

3. Tax Registration Confirmation: Copy of tax office registration confirmation

4. Sample Client Contracts: Template or examples of typical client contracts to demonstrate independence

5. Insurance Certificates: Copies of relevant business insurance certificates

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Declaration Form

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Consulting

Creative Industries

Professional Services

Construction

Healthcare

Education

Financial Services

Marketing and Communications

Engineering

Freelance Writing

Translation Services

Real Estate

Business Advisory

Technical Services

Relevant Teams

Legal

Human Resources

Procurement

Compliance

Finance

Vendor Management

Contract Administration

Risk Management

Operations

Relevant Roles

Freelance Consultant

Independent Contractor

Self-employed Professional

Sole Proprietor

Freelance Developer

Independent Creative Professional

Business Coach

Freelance Writer

Independent Trainer

Self-employed Tradesperson

Freelance Designer

Independent Financial Advisor

Self-employed Engineer

Freelance Project Manager

Independent Healthcare Professional

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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