Gewerbe anmelden als minderjähriger?
Servus liebe Community,
Ich habe eine etwas komplizierte Frage und zwar folgendes:
Ich bin 16 Jahre alt und will ein nicht eingetragenes Einzelunternehmen gründen, mit Kleinunternehmerregelung gemäß § 19 UStG.
Bei der Stadt München steht auf der Gewerbeanmeldeseite:
“bei Minderjährigen:Einverständniserklärung der Erziehungsberechtigten (bei nebenberuflicher Tätigkeit) oder Genehmigung des Vormundschaftsgerichts (bei hauptberuflicher Tätigkeit)”
https://stadt.muenchen.de/service/info/hauptabteilung-iii/10164604/
Anbei auch angehängt als Bild.
Wo bin ich eingeordnet, wenn ich ein Schüler der 9. Klasse bin, nebenbei einen Minijob habe (500€ pro Monat) und jetzt noch ein Gewerbe eröffnen will, zählt das als nebenberufliche Tätigkeit?
Leider geht beim Gewerbeamt keiner ran, siehe Bewertungen vom KVR das keiner sich meldet😅
Musste dann die 115 rufen und die meinten auch nicht wirklich wo ich eingeordnet werde.
Normalerweise sollte doch die Zustimmung der Eltern reichen?
Liebe Grüße,
Lars
(1 votes)
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In the case of the question of general or secondary occupation, it is usually different from the time spent. Further criterion may be the profit obtained.
In your case, you can assume that you are “principal”. The trade would then be by-time. If, however, the profit achieved by the trade is so high that you get out of family insurance, this would speak for a main occupation.
For business, however, you need both the consent of your parents and the family court.
the profit will be significantly below the basic amount, only wants a small online shop with approx. 2K € per year technically very low
Do you know how it is regulated at the post-office sickness fund in family insurance?
As I read it, you don’t fly out if you somehow deserve more, just the wife/the husband
So servus again!
I called today at the 115th and at the Munich District Court and it was my name that I do not need the court of the guardianship in my small business in the secondary business, so I do not make it the main professional.
Greetings,
Lars!
Legal basis is § 112 para. 1 BGB. A minor then needs the consent of the legal representative(s), as a rule of the parents, and the approval of the court.
https://www.ihk.de/regensburg/fachthemen/recht/wirtschaftsundgewerberecht/gewerberecht/gewerbeausuebung- durchminderjaehrige-1350604
where do I request permission from the court?
https://stadt.muenchen.de/service/info/main department-iii/10164604/
In addition, because “students” are not a profession; that means that you don’t get any revenue with it, your business is not to be regarded as “unemployed”.
Search for “Amtsgericht München”. Then you’ll call someone and ask who’s responsible for you and how to make an appointment.
https://xn-grnden-4ya.nrw/offs-by-target groups/gruendungen-unter-18-years/gruendungen-unter-18-ein-leitfinger#:~:text=Advanced%20eure%20eure%20etern%20recorded,%20e%20e.
Uff
First of all, you need the permission of your parents and the family court. If your parents agree, you have to submit an application to the family court (former court of custody). This is formless, i.e. there are no finished forms or similar. The request describes the wish that the minor (so you) would like to make himself self-employed. The application must be signed by your parents. Approval according to § 112 BGB usually presupposes a personal appearance of the minor and the legal representatives at the family court (no exceptions are known).
There is no such permission. Without a positive opinion from the school and a well-founded business plan, you can immediately reduce the idea. If the authorisation is available, you must register your commercial activity with the competent municipality and the tax office in accordance with § 138 AO and § 14 GewO. For the latter, you must complete a questionnaire for tax collection (FsE) and transmit it electronically. The tax office will then check the inputs and assign a tax number to you.
If you expect more than €25,000 in sales, the small business operator scheme is not considered in accordance with § 19 UStG. If you are not a small business operator, you will have to submit the sales tax pre-registration to the tax office on the 10th day following the end of the pre-registration period. No matter how, in the end, you will have to make your income tax declaration annually and with Appendix EÜR, depending on the approach of the tax office, also the business tax statement and sales tax statement. If you do not register your business, this is an offence, and the tax office will not find it funny.
Why do your parents always have to be in the boat? Legal basis is § 112 para. 1 BGB. A minor then needs the consent of the legal representative(s), as a rule of the parents, and the approval of the court.
Thanks for your unhelpful copy and paste message 🙂
There’s everything you need to know
I’m talking about the screenshot 🙂
It’s completely insignificant what’s on the screenshot, even if you’re executing your business as a minor in secondary acquisition, you need to release the court.
There is no small business
A non-registered individual company of the company 🙂
It is what it is, if the tribunal tells me so, then it is.
You seem to have spoken to a real expert
It’s not a small business!
So servus again!
I called today at the 115th and at the Munich District Court and it was my name that I do not need the court of the guardianship in my small business in the secondary business, so I do not make it the main professional.
Greetings,
Lars!
Weiste do not ask if you do not like any answers
It is completely irrelevant to the trade office whether or not you do this in the acquisition of a subsidiary, which reject your application. Because you’re not fully operational.
A minor, who has completed the seventh year of life, is limited in business capacity in accordance with §§ 107 to 113 BGB.(§ 106 BGB)
Here are some more legally secure sources:
Business practice by minors – IHK Regensburg for Oberpfalz / Kelheim
Founding under 18 – A Guide |Causes.nrw
It’s like what any community writes to me, I’m calling for the laws and they’re applying. How these dream dancers get their information is creepy to me!
here again explained by someone from the community “Your trade would be classified in your case as a secondary occupation. As you are a pupil mainly engaged in teaching and additionally enjoy a mini-job, your commercial activity – even if you want to do it in the long term and profit-oriented – is considered a complementary secondary activity.
As a minor, it is usually sufficient that your guardians agree. Approval of the court is only required if you intend to be self-employed in the main occupation.
As you go to school as a 9th grader, your self-employment is not regarded as your main job, but as an additional source of income next to your minijob.”
Everyone says something different and the KVR does not go to the phone and don’t answer any e-mail, Germany’s best country regarding the business registration, oh…
§ 112 para. 1 BGB
Why the question if on the side of the city and the KVR is in the case of ancillary activity you do not need
First I could hardly believe it, but that’s how it actually stands on the side of the trade office Munich…. And yet it is False.
According to § 112 of the German Civil Code, a minor (besides the permission of his guardian) needs to operate an employment business of the approval of the family court. The extent of the acquisition business does not play a role in law.
I’m going to point out the mistakes in Munich.
Thank you for your answer! Do you know where I need to report to Munich for an approval pursuant to §112 BGB, does this work via digital communication with justice?
I’m sorry, I don’t know your city as well. Just ask the family court (heared to the local court) after: Munich District Court – Family Procedures – Bavarian State Ministry of Justice
Another small addition: Even the Bavarian General Administrative Regulation for the implementation of Sections 14, 15 and 55c of the Commercial Code says: A reception certificate (explanation: this is the so-called “commercial certificate”) shall be issued only if the authorisation of the court of guardianship (now family court) is present.
So servus again!
I called today at the 115th and at the Munich District Court and it was my name that I do not need the court of the guardianship in my small business in the secondary business, so I do not make it the main professional.
Greetings,
Lars!
I know that the 115 is the information, so today I have the district court or Family court called and they said that it is not necessary for secondary work.
The ability to do business is lamentable, I need the consent of all activities each time.
That’s why the court told me that it’s gonna be the same thing that would probably not be my problem anymore.
You are aware that the 115 is nothing but information? People only read on the website. And unfortunately there is something completely wrong in law. The Trade Office in Munich has already informed that its side does not correspond to the recommendations of the Federal-Country Committee Law. You’ll check it out. I can assure you that your business would be ineffective if the family court didn’t declare you fully viable for business beforehand. The extent to which the industry is to be operated is completely insignificant.
Your business would be classified as a secondary occupation in your case. As you are a pupil mainly engaged in teaching and additionally enjoy a mini-job, your commercial activity – even if you want to do it in the long term and profit-oriented – is considered a complementary secondary activity.
As a minor, it is usually sufficient that your guardians agree. Approval of the court is only required if you intend to be self-employed in the main occupation.
As you go to school as a 9th grader, your self-employment is not regarded as your main job, but as an additional source of income next to your minijob.
Bullshit! Again the AI asks without background knowledge?!
nonsense, the profession “students” there is not in consideration
A trade is not a minijob!
Here § 112 para 1 BGB comes to bear! There are no exceptions!
“As a minor, it is usually sufficient that your guardians agree.” Can I ask how many cases do you judge the regularity?
He has to ask the AI
you need both, the consent of parents, and the family court
if you agree to count as a full year
Okay, thank you very much, but at the city of Munich this is written differently “for minors:
Declaration of consent
Parents
ancillary activity) or
Approval of
Court of First Instance
) “
I am in no way active in the main occupation, and this could therefore agree with me as a student and this is not a profession, or what do you mean?
Make sure there’s a secondary job – don’t get to bear with you. ⇒ Lexicon of Tax Law – smarttax
So servus again!
I called today at the 115th and at the Munich District Court and it was my name that I do not need the court of the guardianship in my small business in the secondary business, so I do not make it the main professional.
Greetings,
Lars!
I’m sorry, but I’m sorry, I’m sorry, I’m sorry.
This is a mistake from the city of Munich if your two eyes have not seen it.
Establishment by minors – is this possible at all? – IHK Köln
that would have found it.
sorry, and then become independent, does not fit; I’ll go all the way
Do you know how to apply for approval in Munich pursuant to § 112 BGB ?
there you are. has created with self-employment nix
The Dude over you asked a guy who told him stupid.
bullshit the dude above you once explained “Your trade would in your case be classified as a secondary occupation. As you are a pupil mainly engaged in teaching and additionally enjoy a mini-job, your commercial activity – even if you want to do it in the long term and profit-oriented – is considered a complementary secondary activity.
As a minor, it is usually sufficient that your guardians agree. Approval of the court is only required if you intend to be self-employed in the main occupation.
As you go to school as a 9th grader, your self-employment is not regarded as your main job, but as an additional source of income next to your minijob.”