Registering a business: obligation, process and distinction from freelancing
Whoever operates a business, that is, is active self-employed, permanently and with the intention of making a profit, must register it with the trade office. Exempt are freelancers (e.g. doctors, lawyers, artists) and primary production. The registration is uncomplicated but mandatory; a side business must also be registered.
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What you should do now
- 1
1. Business or liberal profession?
Clarify whether your activity is a business or belongs to the liberal professions, that decides the registration obligation.
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2. Register with the trade office
Register the business with the trade office of your municipality (often possible online).
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3. Note follow-up notifications
The tax office sends a questionnaire for tax registration; depending on the activity, IHK/chamber of crafts follow.
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4. Check permits
Some businesses additionally need a permit (e.g. gastronomy, crafts). Clarify that in advance.
How to spot the scam
- You operate a business for a long time without registering it.
- You assume a side business is registration-free (it is not).
- A necessary permit for the activity is missing.
Frequently asked questions
Do I have to register my business?
Yes, the start of a business must be notified to the trade office (§ 14 GewO), also for a part-time or small activity. Whoever does not register a registration-obligatory business risks a fine. Liberal professions and primary production are exempt.
What is the difference from a freelancer?
Liberal professions (such as doctors, lawyers, tax advisors, artists, certain advisory activities) do not count as a business and need no business registration. The distinction is not always clear-cut; when in doubt, information from the tax office helps.
How does the registration work?
You register the business with the trade office of your municipality, often online, for a small fee. The trade office informs the tax office, which sends you a tax registration form. Depending on the sector, IHK or the chamber of crafts and necessary permits are added.
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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.