Self-employed in Austria - work in Germany with A1 certificate?

Member since Yesterday 14:52:24

stojanovicsnezanaNew memberYesterday 14:52:28

Hello everyone,

I have Austrian citizenship, live and work as self-employed in Austria and I have here a registered "Gewerbe" for IT services. My social insurance can give me an A1 certificate if I want to work onsite for up to 24 months for some client in any other EU country.

I know that it is generally accepted to live and work with A1 in EU up to 24 months and still pay taxes only to your country in which you are registered and which issued your A1. However, I heard from one colleague that Germany does not accept A1 for self-employed people from other countries if you are only one-person company ("Gewerbe" - trade).

I heard that I would have to register as self-employed in Germany and make tax-return application in Germany for that period of onsite work even if I would work as consultant for some German client and be there only for a few months.

Does anybody know if it is true?

Is A1 in Germany accepted only for people who work in some companies with more than one employee, and not accepted for self-employed people from other EU countries?

Thanks in advance

Snezana

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TominStuttgart Germany Expert

Member since 19 March 2012

TominStuttgartGermany ExpertToday 09:02:31

2795

I don't know about this A1 certificate you mention. But I know a self-employed person cannot just work for one client in Germany. They are then by definition an employee of that client or company. There are good reasons for this rule. It protects the worker that they get proper benfits like the employer paying their half of the health insurance, vacation benefits etc. It also has to do with taxes that the employer would be avoid paying to the State. This is a big issue in recent years as the "gig economy" models of companies like Über listing their employers are self-employed contractors has become wide-spread in the world. Work arounds for many issues need to be found if they can operate at all. But it should not be a problem for a Austrian to work in Germany per se as they are both EU, Schengen countries. Maybe someone here else knows more about such details.

stojanovicsnezana New member

Member since Yesterday 14:52:24

stojanovicsnezanaNew memberToday 11:10:43

Thanks a lot for writing what you know.

I'm aware about that Scheinselbständigkeit topic, but it is not critical in my case.

I only need to know if it is true that Germany does not accept A1 for self-employed people from other countries, even not from the EU, like me.

beppi Germany/Singapore Expert

Member since 08 August 2010

Germany & Singapore Expert

beppiGermany/Singapore ExpertToday 13:25:22

15607

This is such a specific topic, that I think it is unlikely anyone on this forum knows it in detail - and you should not rely on Internet advice anyway in such a legally complex issue. Better consult the local Ausländerbehörde at the place you want to work (IF you get a reply, which is unlikely), or an experienced immigration lawyer or service provider!

stojanovicsnezana New member

Member since Yesterday 14:52:24

stojanovicsnezanaNew memberToday 14:09:28

Thank you for your advice.

I thought that some expats were in the same situation, at least in the first period of their work in Germany.

Actually, it is a convenient option for those who want to test working and living in Germany without complete moving and registration in Germany. That is why I thought that some expats know exact conditions for A1.

I will certanly check more formally if I consider a concrete opportunity.