Sales Tax for a German customer

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crodev

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Jan 19, 2023
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Hello, I'm a Software Developer from Croatia. I need to register a L.L.C in Wyoming. I will have only one Customer (Business) that is based in Germany, the anual income will be about $80k, $6500/month. Far as i know, I have to pay State and Federal taxes, but do i need to apply a Sales Tax (19% German VAT) on the Invoice every Month?
 
Depends, if your customers are business so the transaction is Business-to-Business then you can avoid‌ it by applying Reverse-Charge mechanism.
 
As already explained, I repeat it in similar worlds:
General Sales Tax only applies to‌ end-customers (B2C) but in your case it's a B2B transaction, so GST does not apply.‍

But another risk could rise up in the future: As Germany is the North Korea⁠ in tax-questions and global trading they could come after the US-Offshore company approach which is⁤ so widely used these days. If this happens some local tax offices could list up⁣ several US-States (like Delaware) as offshore tax havens which will prevent your client from declaring⁢ your invoices as expenses.

There have already been some talks between tax hunters, but it︀ will take some years before this comes into effect.
 
the tax office can refuse any⁣ invoice, whether it is between German companies or foreign ones.
 
Theoretically yes. Even shutting down the whole company for‍ months for tax investigations are also common in socialist states like Germany, Sweden, Denmark, Finland,⁠ Norway. But everything is a game of odds, chances, gain and risk.

This has been⁤ already answered, 2 times by 2 different people to be exact.
 
So what should i do? What is the best option for me so that the‌ costumer is satisfied and me also.
 
do not display vat‍ and write on the invoice:

"
Der Leistungsempfänger ist im Rahmen des Reverse-Charge-Verfahrens Schuldner der⁠
Umsatzsteuer §13b UStG“
"
 
If you sell in Croatia you have to apply the tax rate from Croatia and‍ no other.

If it is B2B you can do the reverse charge.

That simple!
 
Take a look at Croatian CFC rules before doing stuff like this. You'll end up paying‌ personal income taxes on all of the LLC's income. I've verified this with a tax‍ advisor with close to 30 years of experience.

If you want to keep things legal... since the German company⁣ is in, well, Germany (an EU member state), the company will need to hire you⁢ directly via work contract, through the Croatian pension insurance system. They'll need to obtain a︀ local (Croatian) tax ID (OIB) to do that.

There is also another solution, which is︁ to invoice the German company directly (each month) through a local (Croatian) company (LLC). That︂ will work, but your salary will have to match the invoice amount, otherwise you're risking︃ getting fined for being non-compliant with the Croatian equivalent of UK's IR35 rules (the problem︄ of having a single client / off-payroll working).
 
Google „Scheinselbständigkeit in Germany“ too. I can't believe that a German company would hire a‌ sole proprietor these days. The pay is also not exactly exhilarating for a full-time self-employed‍ IT professional.
 
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