Can I, as a self-employed individual, also submit an income tax return for a GmbH?
August 21, 2023 | 40,00 EUR | answered by Tatiana Herrmann
Dear Tax Advisor,
I am Benjamin Müller and I work as a self-employed individual in my own company. Now I am considering whether I can also file an income tax return for my GmbH.
The situation is as follows: I am the sole shareholder and managing director of my GmbH and generate income from my self-employed activities as well as from my participation in the GmbH. So far, I have always only filed my income tax return as a self-employed individual and taxed the profits of the GmbH in the corporation tax return of the GmbH.
Now I am wondering if it is possible to also file an income tax return for the GmbH and if this would be beneficial. I am concerned that I may overlook potential tax advantages or optimization opportunities if I do not consider filing an income tax return for the GmbH.
Could you please tell me if it is possible for self-employed individuals like me to also file an income tax return for a GmbH? What advantages or disadvantages would this entail? Are there possibly tax planning opportunities that I have not considered so far?
Thank you in advance for your help and support.
Sincerely,
Benjamin Müller
Dear Mr. Müller,
Thank you for your inquiry regarding the possibility of submitting an income tax return for your GmbH. As a self-employed individual with your own company, it is indeed possible to submit an income tax return for your GmbH. Typically, the profits of a GmbH are taxed in the corporation tax return of the GmbH, while you as a shareholder and managing director would report your income from the GmbH in your personal income tax return.
It is important to note that double taxation should be avoided, as both the GmbH and you personally must pay taxes on the profits. In many cases, it is therefore more advantageous to tax the profits of the GmbH in the corporation tax return and to report your income as a shareholder and managing director in your personal income tax return.
However, there are situations where it may be beneficial to also submit an income tax return for the GmbH. For example, if certain tax planning opportunities can be utilized to save taxes or achieve tax benefits. In such cases, it may be worthwhile to consider filing an income tax return for the GmbH.
It is therefore advisable to consult with a tax advisor or tax expert to analyze your individual situation and determine whether it is beneficial for you to submit an income tax return for the GmbH. An expert can help you identify and utilize potential tax planning opportunities to optimize your tax burden.
I hope this information has been helpful to you. If you have any further questions or require more detailed advice, I am happy to assist.
Best regards,
Tatiana Herrmann
