Various Company Taxation Laws That People Setting Up Company In Germany Should Be Aware Of
When it comes to
choosing the ideal place for starting a business in Europe, most people choose
Germany as the preferred destination. This is because the country is known to
offer great flexibility and support to people interested in forming
a company in Germany. The best aspect of starting a venture in Germany
is that the applicable laws are the same for both the natives of the country as
well as any overseas investors. However, like in most other countries,
businesses operating in Germany are liable to certain taxation laws. In order
to avoid any legal hassles, it is important for the people forming the company
to be aware of these laws.
A Brief Overview Of German Company Taxation Laws
The company taxation
system in Germany is broadly divided into two main categories, namely, transparent
taxation and non-transparent taxation. The transparent taxation comprises of
direct allocation and taxation of profits at the shareholder levels. On the
other hand non-transparent taxation is the allocation and taxation of the
company itself. It is important for the investors to understand that the
taxation method applicable for their company depends on its legal structure.
This means that the companies structured in the form of a GmbH or AG etc are
taxed under the non-transparent taxation policy. All the other entities are
taxed under the transparent taxation system unless specified otherwise.
Understanding The Tax Basis Under German Law
According to the
legal provisions in Germany, the taxation of companies operating within the
country is done on the basis of the profit from the balance sheet. Another key
factor considered for the taxation of a company in Germany is any surplus
income statement provided by it. This income statement is rectified in
accordance to the income tax and corporate tax law. As mentioned before, the
application of taxation laws is similar for both foreign as well as local
German companies. This means that any foreign company forming
a GmbH in Germany will be subjected to the same taxation laws as local
organizationsdue to the fact that both are treated as resident organizations
due to them being registered and managed within the country.
Learning More About Corporate Tax Laws
All companies operating in Germany, regardless
of the place the company was founded originally, are taxed with corporate tax
for the profits earned by them. There are generally two main types of corporate
taxes that business organizations need to pay. The first is the Local Business
Tax also known as Gewerbesteuer, which is a municipal tax whose limit is
decided directly by the local city council. The value of the tax varies
significantly from one region to another and can range from a minimum of 7% to
a maximum of 13-14%. The other main type of corporate tax is the Solidarity
Surcharge, also known as Solidaritatszuschlag. This tax is the surcharge to be
paid on the corporate tax for renewing the former DDR. The value of the tax
stands at 5.50% of the tax payment for all taxpayers in Germany. In order to
avoid the consequences of non-compliance to taxation laws, using the services
of professional corporate taxation experts is highly recommended for overseas
investors.
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