Self Employment Affidavit for Germany

Self Employment Affidavit Template for Germany

A Self Employment Affidavit is a formal legal document used in Germany to declare and confirm an individual's status as genuinely self-employed (Selbstständig) rather than an employee. This document addresses the critical requirements of German labor and social security law, particularly focusing on distinguishing self-employment from pseudo-employment (Scheinselbstständigkeit). It includes detailed declarations about business independence, client relationships, financial responsibility, and compliance with German tax and social security regulations. The document serves as important evidence for authorities and clients in establishing the legitimate nature of self-employment arrangements.

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What is a Self Employment Affidavit?

The Self Employment Affidavit (Selbstständigkeitserklärung) is a critical document in the German business landscape, where the distinction between employment and self-employment is strictly regulated. This document is typically required when establishing business relationships with clients, during tax authority reviews, or when registering with professional associations. It helps protect both the self-employed individual and their clients from the risks associated with pseudo-employment (Scheinselbstständigkeit), which can result in significant legal and financial consequences under German law. The affidavit includes comprehensive declarations about business operations, client relationships, financial independence, and compliance with relevant regulations, serving as a key piece of evidence in demonstrating genuine self-employment status.

What sections should be included in a Self Employment Affidavit?

1. Declarant Information: Personal details including full name, address, date of birth, and tax ID number

2. Business Details: Information about the business including trade name, registration number, business address, and type of business activity

3. Independence Declaration: Explicit declaration of working independently without being subject to instructions from clients regarding time, place, and manner of work

4. Client Relationships: Statement about relationship with clients, confirming multiple client relationships and absence of economic dependency on a single client

5. Business Operations: Description of how business operations are conducted, including use of own equipment and making independent business decisions

6. Financial Responsibility: Declaration of bearing own business risks, costs, and responsibility for profits and losses

7. Social Security Status: Statement about social security arrangements and private insurance coverage

8. Tax Status: Confirmation of tax registration and responsibility for own tax payments

9. Legal Compliance: Declaration of compliance with all relevant business and professional regulations

10. Verification: Statement confirming all information provided is true and accurate, with date and signature

What sections are optional to include in a Self Employment Affidavit?

1. Employee Status: Declaration regarding any existing employment relationships, used when declarant has both employed and self-employed activities

2. Professional Qualifications: Details of relevant professional qualifications and certifications, used for regulated professions

3. Previous Employment: Information about previous employment relationships, used when declaring independence from former employers

4. Industry-Specific Declarations: Additional declarations required for specific industries or professional sectors

5. Subcontractor Relations: Details about use of subcontractors or cooperation with other self-employed individuals, used when applicable

What schedules should be included in a Self Employment Affidavit?

1. Business Registration: Copy of business registration (Gewerbeanmeldung) or professional registration

2. Tax Registration: Copy of tax registration certificate (Steuernummer)

3. Professional Insurance: Proof of professional liability insurance if applicable

4. Client Contracts: Sample client contracts or general terms of business

5. Business Structure: Documentation of business infrastructure (office, equipment, marketing materials)

6. Financial Documents: Recent invoices or evidence of multiple client relationships

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

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What is a Self Employment Affidavit?

What sections should be included in a Self Employment Affidavit?

What sections are optional to include in a Self Employment Affidavit?

What schedules should be included in a Self Employment Affidavit?

Authors

Alex Denne

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