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by blsquare 3422 days ago
Germany is one of the worst options in Europe to incorporate, except you reside in Germany.

My top 10 list of why not to incorporate in Germany:

1. Yearly accountant costs of a limited (UG/GmbH) is around €2,000; you need this accountant, he is kind of an API to the German tax system which is super complicated and even native Germans wouldn't be able to handle its requirements or to file in all the paperwork themselves; AND it's not so easy to find good accountants/tax consultants, once you found one you are locked-in and they happily charge you for every extra things; the pricing is regulated but still they find ways to get all your money

2. 'Protection money', you have to pay to IHK which should help business owners (but they nothing) and to ARD/ZDF which are Germany's public TV stations; the costs depend on your headcount and are not that high but once ARD/ZDF have your name they never ever again let you out, so it's impossible to cancel this 'subscription' and you might pay additional fees for you 'personal self'; it's a mafia which creates additional mental clutter and mail

1. + 2. Just the operating costs of a limited which doesn't make any money is €2,500 to €3,000

3. Germany has probably the most friendly labor law; at the end of the day employees have in Germany super powers; e.g. if you have more the ten headcount it's impossible to lay off people (there are many, many more, I could give you 20 more examples); 30% of your time is spend on how to work around German labor law with German lawyers at €300/h

4. They try to get everybody to pay into their social system, once you are under 49% shares you must join them leaving most of your personal salary to the state; the only benefits is an ok health system and an ok unemployement insurance

4.a) Having freelancers is risky because the state always suspect you to circumvent their social system; one mistake and the freelancer can blackmail you

5. Super strong consumer protection but which is applicable to all European countries; consumers get it all (money-back guarantee, ...)

6. Setup of the limited is unnecessary slow and bureaucratic, takes 6 to 8 weeks and all the momentum out of the founding team

7. You need at least €12,500 share captial for the GmbH, forget about the UG, doesn't have any reputation and to migrate to a GmbH later is a PITA

8. Taxes are cluttered, you have VAT, corporate tax and 'Gewerbesteuer'

9. German labor is ok but not as good as e.g. US labor; non-tech labor is in general too expensive and education is limited, especially English skills are not on par with other Northern European countries, still better than southern European countries; tech labor is good but expensive compared to rest of Europe, but cheap again compared to the US; still it's very hard to find affordable native German devs so people look for foreign tech talent which are good and easy to attract in bigger cities (Berlin)

10. Political situation is ok and stable compared to US and UK but could tip with elections in summer, right wing is strong but not as strong as in other countries

Some more:

11. Shutting down your limited takes one year

12. Insolvency is covered in its own law and is super complicated, don't apply to early, don't apply to late

13. In general all German laws are very cryptic written and even for native German hard to understand without experts; even simple tax stuff is hard to grok and other countries have much more accessible laws (just look at gov.uk as an example); calling your tax guy helps here and there but costs money; researching stuff yourself takes days

14. You have to save documents and even mail which led to business for 10 (!!!) years; after few years you need to rent a space just for all the folders

Who knows about better options in Europe? Happy to hear alternatives, also from a relocation perspective, so which country is founder-friendly AND nice to live?

2 comments

You need to differentiate between where your company has its "real seat" (= place of business activity) and your "legal seat" (=incorporated as GmbH or LLC or ...). If your office building is in Berlin and you employ a local team (your "real seat"), it does not matter if your company is a GmbH, a UK Limited or an Estonian e-company - you are still under German tax, employment, insolvency, consumer protection law...

If you have your "real seat" in Germany, in my view, it makes sense to go for GmbH, instead of registering in UK/Estonia, because the corporate law differences are not that big.

The question if you should decide to build a company in Germany is another discussion.

Forgive me if im wrong, but as long you don't receive a salary (or money transfers in general) from the Estonian company entity, you should not be paying any personal taxes in Germany since all the money remains in the company?
This is absolutely right, you don't have to pay personal taxes in Germany if the money remains in the company (it may be a little more difficult, but in essence this is correct).

The company however would have to pay company taxes in Germany.

Agree with some, disagree with some but this one surprised me:

> and to migrate to a GmbH later is a PITA

I've never done it myself but what I know it should just be a short trip to the notary, they take care of the rest. Did you have a different experience?

This is exactly how it works and I've done precisely this in real live, a UG to GmbH conversion. It is a non-issue.

In fact the whole UG thing is setup towards this exact goal, conversion to a full GmbH (you even have to sideline profits to accomplish that).

There are indeed some valid things in that comment, others seem just wrong.

It's def. not a non-issue. As you write yourself there some requirements to get there and in general you should do a migration to the GmbH after the end/before the beginning of a business year and not in-between. Just this restriction is a big bummer and paired with the other requirements creates some headache. So, you can't go to the notary and just opt to the GmbH, no you have to consult your tax consultant, find the right time, probably wait some months and prepare the switch properly.

> others seem just wrong.

Are you so kind and tell us which you think are wrong?