German trade tax (Gewerbesteuer, GewSt) for sole proprietors and partnerships: who is liable, add-backs (Hinzurechnungen) and reductions (Kürzungen), trade losses, the allowance (Freibetrag), base rate and municipal multiplier (Hebesatz), the income tax credit under § 35 EStG with its caps, prepayments (Vorauszahlungen), who must file and when, penalties and interest, with worked cases.
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| Category | Trade tax? | Where it says so |
|---|---|---|
| A standing commercial business run in Germany (a permanent establishment in Germany). A commercial business is an independent, lasting activity, carried on to make a profit and open to the general market, that is not farming or forestry, not a free profession and not other self-employed work | Yes | § 2(1) GewStG with § 15(2) EStG |
| Free professions carried on by a natural person: independent scientific, artistic, writing, teaching or educational work, and the named professions (doctors, dentists, vets, lawyers, notaries, patent attorneys, surveyors, engineers, architects, commercial chemists, auditors, tax advisers, consulting economists, sworn accountants, tax agents, Heilpraktiker, Dentisten, physiotherapists, journalists, photo reporters, interpreters, translators, Lotsen) and similar professions | No | § 18(1) no. 1 EStG |
| Farming and forestry; other self-employed work under § 18(1) no. 3 EStG (for example executor, asset manager, supervisory board member) | No | § 15(2) EStG |
| Capital companies (GmbH, AG, KGaA, SE), cooperatives, mutual insurance associations | Yes, always and in full, whatever they do: "gilt stets und in vollem Umfang" | § 2(2) GewStG |
| Other private-law legal persons and associations without legal personality | Only as far as they run a commercial operation (wirtschaftlicher Geschäftsbetrieb), farming and forestry excepted | § 2(3) GewStG |
| A partnership that also carries on a commercial activity of its own | Yes: the whole activity counts as commercial, whether the commercial part makes a profit or a loss (Abfärbung). The statute prints no minimum amount | § 15(3) no. 1 EStG, first case |
| A partnership with no commercial activity of its own that receives commercial income from a share in another partnership | For income tax the whole activity counts as commercial. For trade tax the states' decree of 5 November 2025 applies the Federal Fiscal Court ruling of 6 June 2019 "in allen offenen Fällen über den entschiedenen Einzelfall hinaus", without restating it. Refer | State decree, 5 Nov 2025 |
| A partnership whose only personally liable partners are capital companies and which only they or non-partners manage (gewerblich geprägt) | Yes, in full | § 15(3) no. 2 EStG |
| Travelling trade (Reisegewerbe) | Yes; the municipality at the centre of the activity levies it | § 35a GewStG |
| Businesses on the exemption list, for example one whose only activity is producing and selling power from a solar plant on, at or in a building of up to 30 kilowatts installed capacity (no. 32) | No, as far as the list goes | § 3 GewStG |
This Guide covers German trade tax (Gewerbesteuer, GewSt) for a sole proprietor or a partnership that runs a commercial business (Gewerbebetrieb): who is liable, how trade income (Gewerbeertrag) is worked out, the add-backs (Hinzurechnungen) and reductions (Kürzungen), the allowance, the base rate (Steuermesszahl), the municipal multiplier (Hebesatz), the credit against income tax under § 35 EStG, prepayments and the return. Companies such as a GmbH are covered only for two questions: do they pay, and do they get the allowance.
de-freelance-intake.| Category | Trade tax? | Where it says so |
|---|---|---|
| A standing commercial business run in Germany (a permanent establishment in Germany). A commercial business is an independent, lasting activity, carried on to make a profit and open to the general market, that is not farming or forestry, not a free profession and not other self-employed work | Yes | § 2(1) GewStG with § 15(2) EStG |
| Free professions carried on by a natural person: independent scientific, artistic, writing, teaching or educational work, and the named professions (doctors, dentists, vets, lawyers, notaries, patent attorneys, surveyors, engineers, architects, commercial chemists, auditors, tax advisers, consulting economists, sworn accountants, tax agents, Heilpraktiker, Dentisten, physiotherapists, journalists, photo reporters, interpreters, translators, Lotsen) and similar professions | No | § 18(1) no. 1 EStG |
| Farming and forestry; other self-employed work under § 18(1) no. 3 EStG (for example executor, asset manager, supervisory board member) | No | § 15(2) EStG |
| Capital companies (GmbH, AG, KGaA, SE), cooperatives, mutual insurance associations | Yes, always and in full, whatever they do: "gilt stets und in vollem Umfang" | § 2(2) GewStG |
| Other private-law legal persons and associations without legal personality | Only as far as they run a commercial operation (wirtschaftlicher Geschäftsbetrieb), farming and forestry excepted | § 2(3) GewStG |
| A partnership that also carries on a commercial activity of its own | Yes: the whole activity counts as commercial, whether the commercial part makes a profit or a loss (Abfärbung). The statute prints no minimum amount | § 15(3) no. 1 EStG, first case |
| A partnership with no commercial activity of its own that receives commercial income from a share in another partnership | For income tax the whole activity counts as commercial. For trade tax the states' decree of 5 November 2025 applies the Federal Fiscal Court ruling of 6 June 2019 "in allen offenen Fällen über den entschiedenen Einzelfall hinaus", without restating it. Refer | State decree, 5 Nov 2025 |
| A partnership whose only personally liable partners are capital companies and which only they or non-partners manage (gewerblich geprägt) | Yes, in full | § 15(3) no. 2 EStG |
| Travelling trade (Reisegewerbe) | Yes; the municipality at the centre of the activity levies it | § 35a GewStG |
| Businesses on the exemption list, for example one whose only activity is producing and selling power from a solar plant on, at or in a building of up to 30 kilowatts installed capacity (no. 32) | No, as far as the list goes | § 3 GewStG |
Items are added back only as far as they reduced the profit. The financing items of § 8 no. 1 work in three steps (§ 8 GewStG). The law prints the shares in words, and each item has its own share.
| § 8 no. 1 item | Share that goes into the sum |
|---|---|
| a) Interest and other payments for debt, including discounts outside the ordinary course of business for early payment and discount amounts on selling bills and money claims | in full |
| b) Annuities and permanent burdens (not pensions under a direct employer pension promise) | in full |
| c) Profit shares of a silent partner | in full |
| d) Rent, lease and leasing for movable fixed assets owned by someone else | one fifth; only half of that for electric vehicles, qualifying plug-in hybrids and bicycles that are not motor vehicles |
| e) Rent, lease and leasing for immovable fixed assets owned by someone else | one half |
| f) Payments for the time-limited use of rights (concessions, licences), except licences that only allow passing derived rights on, and except amounts that are the base for the artists' social levy | one quarter |
| Allowance on the sum, per § 8 no. 1 GewStG: "soweit die Summe den Betrag von 200 000 Euro übersteigt" | EUR 200,000 |
| Reduction | Rule | Condition |
|---|---|---|
| Property tax (no. 1 sentence 1) | The Grundsteuer booked as a business expense in the period, for real property belonging to the entrepreneur's business assets | This wording first applies for collection period 2025 (§ 36(4b) GewStG). The old rule (a share of the Einheitswert) is gone. Premises that are only rented give no reduction |
| Extended property reduction (no. 1 sentences 2 to 6) | On request, instead: trade income from managing the business's own real property | Only for pure property businesses. Refer |
| Partnership profit shares (no. 2) | Profit shares from a partnership of co-entrepreneurs, if counted in the profit | The partnership pays its own trade tax |
| German company dividends (no. 2a) | Dividends from a non-exempt German capital company, less directly related expenses | Holding at the start of the period "mindestens 15 Prozent des Grund- oder Stammkapitals" |
| Foreign permanent establishment (no. 3) | Trade income of a permanent establishment abroad | Refer |
| Donations (no. 5) | Donations for tax-privileged purposes (§§ 52 to 54 AO) from business funds | Up to 20% of the profit (plus the § 8 no. 9 add-back) or 4 per mille of turnover plus wages; excess carries forward |
| Foreign company dividends (no. 7, no. 8) | Dividends from a company with seat and management abroad | At least 15% holding (no. 7: at the start of the period); a lower treaty threshold prevails. Refer |
Source for every row: § 9 GewStG.
| What | Value | Source |
|---|---|---|
| Trade income that losses of earlier periods may reduce without limit | EUR 1 million ("1 Million Euro") | § 10a sentence 1 GewStG |
| Share of the trade income above that which losses may reduce | 60% ("bis zu 60 Prozent") | § 10a sentence 2 GewStG |
| Figure | Value | Year | Source and quote |
|---|---|---|---|
| Allowance, natural persons and partnerships | EUR 24,500 | 2026 | § 11(1) no. 1 GewStG: "Freibetrag in Höhe von 24 500 Euro" |
| Allowance, § 2(3) bodies, certain partly exempt bodies, businesses of public-law persons | EUR 5,000 | 2026 | § 11(1) no. 2 GewStG: "Freibetrag in Höhe von 5 000 Euro" |
| Allowance, capital companies (GmbH, AG) | none | 2026 | § 11(1) names none for them |
| Rounding before the allowance | down to full EUR 100 | 2026 | § 11(1) GewStG: "auf volle 100 Euro nach unten abzurunden" |
| Base rate (Steuermesszahl) | 3.5% | 2026 | § 11(2) GewStG: "beträgt 3,5 Prozent" |
| Multiplier floor where the municipality has set none higher | 200% | 2026 | BMF booklet, chapter Gewerbesteuer: "Er beträgt mindestens 200 Prozent" |
| Multiplier floor from 2027 | 280% | from collection period 2027 only | § 16(4) GewStG: "Er beträgt 280 Prozent"; start date in § 36(5b) GewStG |
| Income tax credit factor | four times the base amount | 2026 | § 35(1) EStG: "um das Vierfache" |
| Minimum single prepayment | EUR 50 | 2026 | § 19(5) GewStG: "mindestens 50 Euro" |
| Return required if trade income is more than | EUR 24,500 | 2026 | § 25(1) no. 1 GewStDV: "den Betrag von 24 500 Euro überstiegen hat" |
A sole proprietor, a partner in a commercial partnership, and a KGaA general partner get a reduction of income tax for trade tax (§ 35 EStG). The reduction is the lowest of three amounts:
| Test | Wording | Consequence | Source |
|---|---|---|---|
| Allowance | Rounded trade income not more than EUR 24,500 | Base amount nil, no trade tax, no § 35 credit | § 11(1) GewStG |
| Return duty | Trade income "überstiegen hat" (more than) EUR 24,500 | Return required; at exactly EUR 24,500 or less, no return unless no. 6 or no. 7 applies | § 25(1) GewStDV |
| Return regardless of amount | Capital companies and cooperatives not exempt; a loss carry-forward determined at the end of the last period; the tax office asks | Return required even with nil tax | § 25(1) no. 2, 3, 6, 7 GewStDV |
| Financing add-back | Sum "übersteigt" (more than) EUR 200,000 | Only the excess counts; one quarter of it is added | § 8 no. 1 GewStG |
| Dividend reduction | Holding "mindestens" (at least) 15% at the start of the period | Reduction under no. 2a or no. 7; below that, § 8 no. 5 may add back | § 9 GewStG |
| Loss use | Up to EUR 1 million in full; above it up to 60% | Rest carries forward | § 10a GewStG |
| Prepayment | Single prepayment "mindestens" (at least) EUR 50 | Below that none is set | § 19(5) GewStG |
| Multiplier decision | By 30 June for the current year | After that only at or below the last level | § 16(3) GewStG |
| Free profession in a company | A GmbH of architects or doctors | Liable by legal form | § 2(2) GewStG |
| Mixed activity | Partnership with any commercial part | Whole activity commercial; refer | § 15(3) EStG |
The multipliers below are assumptions for the example, as if read from the client's own notice. They are not the rate of any named municipality.
Case 1: sole proprietor, ordinary costs (§ 8, § 11 GewStG, § 35 EStG). Profit EUR 80,000. Loan interest EUR 12,000 (in full), rent for the shop EUR 36,000 (one half = EUR 18,000), car leasing EUR 10,000 for a petrol car (one fifth = EUR 2,000). Sum EUR 32,000, not above EUR 200,000: nothing is added back. Trade income EUR 80,000; less EUR 24,500 = EUR 55,500; times 3.5% = base amount EUR 1,942.50. Assumed multiplier 490%: trade tax EUR 9,518.25. Credit: four times the base amount = EUR 7,770, lower than the trade tax, so (if the income tax on the commercial income is at least that) the credit is EUR 7,770 and EUR 1,748.25 of trade tax is not offset.
Case 2: same business at the 2026 floor (BMF booklet, § 35 EStG, § 19 GewStG). Base amount EUR 1,942.50 times 200% = trade tax EUR 3,885. Four times the base amount (EUR 7,770) is higher, so the credit is capped at EUR 3,885; the rest is lost. Next year's prepayments: one quarter of EUR 3,885, rounded down to full euros = EUR 971 on each of the four dates, unless the municipality adjusts them.
Case 3: partnership above the add-back allowance (§ 8 GewStG). Interest EUR 180,000 (in full) and rent for a warehouse EUR 120,000 (one half = EUR 60,000). Sum EUR 240,000; less EUR 200,000 = EUR 40,000; one quarter = EUR 10,000 is added to the profit.
Case 4: loss carry-forward above the base (§ 10a GewStG, § 11 GewStG). Partnership trade income EUR 1,500,000 before losses; losses carried forward EUR 2,000,000. Deduct EUR 1,000,000 in full, plus 60% of the EUR 500,000 above it = EUR 300,000: total EUR 1,300,000. Trade income left EUR 200,000; loss still carried EUR 700,000. Less EUR 24,500 = EUR 175,500; times 3.5% = base amount EUR 6,142.50.
Case 5: just above the allowance (§ 11 GewStG, § 25 GewStDV). Trade income EUR 24,580. Rounded down to EUR 24,500, less the allowance: nil. No trade tax and no § 35 credit. But § 25(1) no. 1 GewStDV looks at the trade income itself, which is more than EUR 24,500, so on its wording a return is due. File it.
Case 6: free profession (§ 18 EStG). A self-employed architect working alone, nothing else. Architects are named in § 18(1) no. 1 EStG: no commercial business, no trade tax, no trade tax return. If the same architect also sells building materials, flag it: the income tax rules on mixed activity decide, and a partnership doing both is commercial in full.
The return. A declaration for setting the base amount, plus an apportionment declaration where § 28 applies, filed electronically in the official data format; on request the tax office can accept paper to avoid undue hardship, signed by hand (§ 14a GewStG). The ELSTER form names are GewSt 1 A (return) and GewSt 1 D (apportionment); check them on ELSTER. Who must file is in the Boundaries table (§ 25 GewStDV). This matches de-freelance-intake: a sole trader files only above EUR 24,500 of trade income or when asked, or when a loss carry-forward exists.
| Deadline | Collection period 2026 | Source |
|---|---|---|
| Without an adviser: seven months after the year end | 31 July 2027 is a Saturday, so the period ends on Monday 2 August 2027 | § 149(2) AO, § 108(3) AO |
| With a Steuerberater: last day of February of the second following year (§ 149(3) no. 3 names this return) | Tuesday 29 February 2028 | § 149(3) AO |
| Earlier call-in | The tax office can call an advised return in earlier, with four months' notice | § 149(4) AO |
Payment (§ 19, § 20 GewStG).
Penalties and interest. The AO collection rules apply to trade tax administered by a municipality (§ 1(2) AO).
| Charge | Value | Source and quote |
|---|---|---|
| Late filing surcharge, per started month of delay, for the base amount return and the apportionment declaration | EUR 25 | § 152(6) AO: "der eingetretenen Verspätung 25 Euro" |
| Highest late filing surcharge per return | EUR 25,000 | § 152(10) AO: "höchstens 25 000 Euro betragen" |
| Late payment surcharge, per started month, on the overdue tax rounded down to a multiple of EUR 50 | 1% | § 240(1) AO: "ein Säumniszuschlag von 1 Prozent" |
| Interest on a later assessment difference (either way) | 0.15% a month, 1.8% a year | § 238(1a) AO: "0,15 Prozent für jeden Monat, das heißt 1,8 Prozent für jedes Jahr" |
Every rule above links to its section of the consolidated statute on gesetze-im-internet.de (GewStG, GewStDV, EStG, SolzG, AO, EGAO) or to the finance ministry document it comes from: the booklet "Steuern von A bis Z" (Stand Januar 2025) and the states' decree of 5 November 2025. Pages were read on 25 to 27 September 2026.
This Guide is information, not tax, legal or financial advice. Have a qualified professional (Steuerberater or Wirtschaftsprüfer) review any figure before filing or acting on it.
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