Hi,

My wife received a job offer as a teacher.They wanted her to be a Selbststaendige and I'd like to
know what are the legal consequences of this.


1-Should we change my tax class(for the moment it
is 3)?

2-Will my Krankenversicherung still cover her or
should she pay for herself?

3-As a Romanian she has the right of being
Selbstaendige(we confirmed this at Auslaenderamt).
Should she register somewhere als Selbstaendige
or can she start working right away?

Thanks in Advance

1. ja , you should change your tax class, either u both can have clas 4-4 or one can have 3 and other can 5. But second working person is really highly charged as he/she is considered to be secondary source of income. Tax charged is less or more same even if u choose 4-4. I am also working, we decided 3-5 . i am in tax-slab 5, so i am paying approx. 56% including insurance as i have govt insurance.

2. She has to pay her Krankenversichrung herself. You have to tell in your company that your wife is working. They will act accordingly, if she has private insuracnce but now now due to salary constraints she has to choose govt insurance then , private insurance will give a certificate that she must be govt insured. Or if she can opt for private then she can continue wiith the same but yours company will stop paying and her( your wife's employer) will pay half and other half your wife has to pay.

3. Sorry, no idea.

"3-As a Romanian she has the right of being
Selbstaendige(we confirmed this at Auslaenderamt)."

is this because it will be new EU land?

DvD:
Yes I guess so.Bulgarians and Romanians have
this right as a result of some bilateral agreements.

<emhasize>3-As a Romanian she has the right of being
Selbstaendige(we confirmed this at Auslaenderamt).
Should she register somewhere als Selbstaendige
or can she start working right away?</emhasize>

If this job is to be called as being working as a freelancer or employed is as well judged by the tax rules. This depends very much on the single circumstances and on what basis she is working (either a service agreement or a working contract. Another thing is if she's working only for a single school or more and how payments, holidays and so on are ruled.

Working as a freelancer means regularly to be able to start the job immediately. You've to declare this job to the fiscal authorities. This don't need to be done in advance but should be right after the beginning. If her job is judged as being a freelancer her income will be taxed following the rules for § 18 Einkommensteuergesetz. Be aware that the fiscal authorities will send you a questionnaire about this job in asking for things like the expected turnover and so on. As she is probably not employed there will not be a tax deduction from the payments that she will receive. Therefore the fiscal authorities are checking up if it is necessary to ask for tax payment in advance.

hi all,
I have an hypothesis question.. if a wife of a GC who has been here for abt a year and half but hasnt got her passport stamped with work permit, if she were to do small business like selling stuffs in the flomarkt and different "messe" et al..... is it allowed or or schwarz arbeit??????

@Bizzare: The wife, if she is here must have valid residence permit, unless she is coming from visa-free country and is staying less than three months. But even if she comes from visa free country and did not had residence permit - she cannot get any rights based on stay in Germany - because she was not registered in Germany.

If she sells flowers on the market - it would be Schwarzarbeit.

But Schwararbeit is perhaps wrong term - Schwarzarbeit is also valid for Germans - it is when you work but you do not pay tax and/or social insurance.

I've heard something about that, I mean selbständig as a romanian for the first time, last year in November, when I was in touch with a company who wants to hire me as a selbständig.
I am also romanian, I am working for the moment on a normal Contract, I am not a GC holder. I think that is a new rule together with the new immigration law. I suggest you to contact a Steuerberater because it is complicated enough to do the tax calculation by yourself. Maybe we can take contact,

Cheers!

@cedomir,,
thanks for your response. I mean if she has a valid residence permit but without work permit. would doing small business be allowed. If not, how would one get permission to sell some petty stuffs in diff messe,, his wife has completed about a year and a half in DE but getting bugged sitting at home. would like to do some small business to keep busy and ofcourse for some additional income in the household:-).

regards...