Establishment of a GmbH or a UG (limited liability)
Are you currently wondering whether you pay taxes as an influencer and if so, which ones? Do I have to register a business or not and what other obligations do I have? This article is not a substitute for legal advice or a tax advisor, but it can provide a brief overview of what you should do as an influencer.
Basically, many influencers advertise for different companies on social media platforms . The provision of services in the form of advertising constitutes a commercial activity if you carry out this activity independently and repeatedly in order to earn money and for the public to be able to view your advertising content. These requirements are usually met quickly.
Now it depends on the legal form which taxes you have to pay to the tax office. It is possible to act as a sole proprietor . But you can also set up a corporation and benefit from the limited liability of the GmbH or the entrepreneurial company. However, double-entry bookkeeping is mandatory here. This article deals with the choice of GmbH or UG (limited liability).
GmbH & UG (limited liability)
In principle, the same rules of the GmbH law apply to these two legal forms, with the exception of a few differences that will not be discussed further in this article. set up a GmbH or a UG (limited liability) as an influencer , you first have to go to a notary . After you have made an appointment with the notary, you will usually be sent a questionnaire. Here you have to provide personal information about yourself and your company. If you want to set up a company cheaply, you can simply use the sample protocol for the partnership agreement . The notary then appoints the managing director and you can then be your own boss. This is also called a one-man GmbH. After you have been entered in the commercial register, you can almost get started.
You then have to register your business with your municipality through a business registration .
You can often download the necessary form from your municipality's website or request it from the town hall, then fill it out and return it to the town hall. You will also receive a tax registration form. A tax advisor can help you fill it out if you are overwhelmed by the questions. After you have sent the tax registration form to the responsible tax office, you will receive a tax number from the tax office and you can get started.
What taxes do I have to pay as an influencer?
value added tax
It is also important here that you are clear about whether you want to make use of the small business regulation according to Section 19 I UmStG or not.
Small business owner – exemption from sales tax
In principle, an entrepreneur has to invoice the sales tax of 19% to the customer. However, the sales tax collected may not be kept, but must then be paid to the tax office.
However, there is an important exception to this principle, the small business regulation: If sales in the previous calendar year remained below EUR 22,000 and sales in the next calendar year are unlikely to exceed the limit of EUR 50,000, you do not have to show sales tax on invoices. This has the advantage that you don't have to pay sales tax to the tax office.
In this case, you cannot claim any input tax deduction, but you can at least keep 100% of the money you receive for the time being.
This means: You will receive EUR 300.00 from the company for a postal contribution. This amount is the net price without sales tax. So you don't have to transfer any sales tax to the tax office, which is why you are left with EUR 300.00.
Corporation tax and solidarity surcharge
If you choose the GmbH or the UG (limited liability), you have to pay 15% corporation tax on the profit, regardless of how high your profit is. In addition, the solidarity surcharge of 5.5% of the amount of corporate tax to be paid must be paid to the tax office on top. The corporate tax burden at the level of the corporation is therefore 15.825%.
When it comes to trade tax, you and your GmbH or UG (limited liability) do not have an exemption amount of EUR 24,500 as with a sole proprietorship. In any case, trade tax must also be paid on the profit. The trade tax is different in each municipality due to the different assessment rates. On average, however, you can expect around 14%.
This means that the total tax burden is on average approximately 29.852%.
Capital gains tax
If profits are distributed to the shareholder-managing director, capital gains tax of 25% plus SolZ is due.
Alternatively, the so-called partial income procedure can be used. Leadnow issues the invoice for you automatically so that you can focus on your core business.