this post was submitted on 24 Sep 2023
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Programming
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That depends a lot on the work that you do. If you are mainly developing simple software solutions, then you most probably need to register as a business. If you want to work really freelance (as in "Freiberufler"), you need to "proof" that your job overlabs in complexity with the defined framework for these Jobs. To quote the Bundesgerichtshof, software development may qualify ...
Having an engineering like degree will help with this a lot. If you don't have one, as is the case here, it will be tough to get the argument to pass with the IRS
Thank you for the answer!
I'd contact a tax consultant to decide which way to go (Freelancing or a registered business). They will also help you in case of problems with the Finanzamt.
You have to pay taxes (Gewerbesteuer) only if you're making more than 24500 € in profit. It does not sound like OP will make anywhere near that, so there's no harm in getting a "Gewerbeanmeldung" (registering a business) and being able to sell things as well. It costs 30-100 € depending on where you're living
Except that you will be on the IRS' radar for ever and ever, ie. tax declaration will be mandatory for you at the earliest possible time even if you stop being self employed or your business no longer exists
You should submit a tax declaration regardless. Either it's required, or you'll most likely receive a refund. So no, there is no harm; on the contrary.
Since the original poster likely won't do this anyway, this discussion is pointless.
As a takeaway message: Just submit your tax declaration, even as a working student. In most cases, you'll get some money back. And send it to your Finanzamt (tax office), not the IRS. The US won't process your German tax declaration.
Cheers