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Re:The Hidden Tax Trap for SaaS Founders in Germany by Tomte on Friday November 15, 2024 @05:33AM (#42145595)
Taxes bad, we get it.

Those tax rates in the article are about the same as for a normal person working as an employee.

Sorry you don‘t get a free ride for being rich. Luckily, there are tax advisors and attorneys who help you with all kinds of loopholes and rarely-discovered tax fraud schemes.

Re:The Hidden Tax Trap for SaaS Founders in Germany by noduerme on Friday November 15, 2024 @05:44AM (#42145667)
Why would a person who founded a startup, and put countless unpaid hours into building it, then have to pay for the sale as if it were employee income? What would be the incentive for them to have done anything more than be someone else's employee?

Taxes are incentivizing or disincentivizing, so policy should mirror what you want out of your economy. If the goal is not to have people create startups, there you have it.

Re:The Hidden Tax Trap for SaaS Founders in Germany by lexicality on Friday November 15, 2024 @05:51AM (#42145708)
> If the goal is not to have people create startups, there you have it.

That only makes sense if you think the only reason anyone ever founds a business is to sell it to someone else...

Re:The Hidden Tax Trap for SaaS Founders in Germany by noduerme on Friday November 15, 2024 @06:09AM (#42145806)
People found businesses with the idea of making money. At certain points in the growth of the business, you expect you'll weigh whether it's more interesting to continue your work there or whether you should sell it and start from scratch another business. The question is why a government or a society would wish to suppress people who actively start businesses... not to throw shade on anyone who starts a business because they might want to make money by selling it later
Re:The Hidden Tax Trap for SaaS Founders in Germany by lexicality on Friday November 15, 2024 @07:26AM (#42146284)
Taxing the sale as normal income doesn't prevent you from selling it, it simply closes a loophole that would make selling it more enticing than continuing to run it yourself.

If anything, it means that startups are more likely to stick around and turn into real businesses rather than being bought by salesforce and disappearing into corporate oblivion

Re:The Hidden Tax Trap for SaaS Founders in Germany by Woeps on Friday November 15, 2024 @05:53AM (#42145716)
Wait, are you suggesting we do not get taxed for what we're selling? Because in the end selling a company is nothing but selling a type of goods.

Also: >Why would a person who founded a startup, and put countless unpaid hours into building it, then have to pay for the sale as if it were employee income?

Is the same as: Why would a person who created his career, and put countless of unpaid hours into building it, then have to pay for the sale of his knowledge and skill?

Re:The Hidden Tax Trap for SaaS Founders in Germany by oytis on Friday November 15, 2024 @06:16AM (#42145856)
I think the point of the article is that it doesn't get taxed like other things we are selling (aka capital gains), but rather as income at much higher rates
Re:The Hidden Tax Trap for SaaS Founders in Germany by andreasmetsala on Friday November 15, 2024 @05:56AM (#42145738)
> Why would a person who founded a startup, and put countless unpaid hours into building it, then have to pay for the sale as if it were employee income? What would be the incentive for them to have done anything more than be someone else's employee?

I would expect the incentive is the massive payout (even after tax).

If a startup founder would be better off as an employee because they have to pay the same amount of tax then it sounds like it was a bad idea to begin with.

Getting your income through a corporation instead of as a salaried employee is not inherently more valuable for society. We don’t want more startups for the sake of having more startups!

Re:The Hidden Tax Trap for SaaS Founders in Germany by noduerme on Friday November 15, 2024 @06:05AM (#42145792)
I don't know. I think we want some people to take risk. Spending a lot of time building something that you don't have any guarantee of being paid from is a risk, but for every 100 which fail, one will succeed in providing jobs and foreign investment. That is, in fact, the concept behind ycombinator in a nutshell. Not startups for the sake of startups, but startups for the greater good. And that means individuals taking risks.

Saying that working for existing corporations is more valuable to society underestimates the frequent and obvious value to society of the one-in-100 startup which creates new avenues of wealth for whole sectors of society. A dynamic polity should emphasize that and create more incentives for it - not even for the good of the individuals who do it, but for its own survival.

Re:The Hidden Tax Trap for SaaS Founders in Germany by alkonaut on Friday November 15, 2024 @05:53AM (#42145718)
There are competing incentives: on one hand things like creating jobs and driving innovation, and on the other it's the incentive to avoid tax loopholes. I think most people in Europe (I hate generalizing "Europe" but let's say Nordics and Germany) at least would be more upset about the presence of a loophole that for example allowed people to funnel money through a company and lower (what should have been) income tax, than they'd be upset over how much tax policy incentivizes startup creation.
Re:The Hidden Tax Trap for SaaS Founders in Germany by per1Peteia on Friday November 15, 2024 @07:32AM (#42146309)
imo quite dubious to see the state only as "facilitator/suppressor" of economic activity and not also as a share/rent seeking entity itself. state capitalism is resurgent within a constellation of rampant international economic competition (especially in tech). taxing / fining US domination in tech is a working business model.
Re:The Hidden Tax Trap for SaaS Founders in Germany by rad_gruchalski on Friday November 15, 2024 @05:49AM (#42145699)
> and put countless unpaid hours into building it

Oh, just don’t mention that to the authorities because they will make you pay for breaching their working hours act. How dare you have a dream and a drive. Get back in line.

Authorities in Germany don’t care. They are the Beamte, the have a special legal status, barely removable from their positions and with a guaranteed high pension. There are two classes of people in Germany: Beamte and everyone else.

Re:The Hidden Tax Trap for SaaS Founders in Germany by mr_mitm on Friday November 15, 2024 @06:13AM (#42145834)
I don't think working hours are limited for c-level management.
Re:The Hidden Tax Trap for SaaS Founders in Germany by rad_gruchalski on Friday November 15, 2024 @06:15AM (#42145844)
It depends if you're employed as a managing director, or running your own thing.
Re:The Hidden Tax Trap for SaaS Founders in Germany by lima on Friday November 15, 2024 @06:38AM (#42146008)
No. It doesn't apply to either case ("leitende Angestellte" are exempt).
Re:The Hidden Tax Trap for SaaS Founders in Germany by noduerme on Friday November 15, 2024 @06:11AM (#42145822)
Jesus, is that true? You can get flagged for putting too many work hours into your startup? Or are you joking?
Re:The Hidden Tax Trap for SaaS Founders in Germany by mr_mitm on Friday November 15, 2024 @06:14AM (#42145843)
It's not true. Self-employed workers are exempt.
Re:The Hidden Tax Trap for SaaS Founders in Germany by vincent_s on Friday November 15, 2024 @05:40AM (#42145632)
This isn't about "special treatment for the rich." When international companies buy German software businesses, that's foreign investment flowing into Germany - money that often gets reinvested locally in new startups and jobs. But our system actively discourages these transactions by treating business sales like regular income.
Re:The Hidden Tax Trap for SaaS Founders in Germany by simgt on Friday November 15, 2024 @05:53AM (#42145717)
> our system actively discourages these transactions

When a foreign company is building a factory, even with tax breaks it's fairly easy to see how it's an investment. I'm less convinced when it's about buying existing businesses, if they are profitable why would you want the profits to be in the control of a foreign entity?

Whether they are initially profitable or not, we've seen what happens in other fields and in particular the industry: after a couple years, the businesses are dismantled and sold for parts.

Re:The Hidden Tax Trap for SaaS Founders in Germany by noduerme on Friday November 15, 2024 @06:13AM (#42145838)
So what? This is a global economy. If they don't sell the company, they can offshore the labor anyway. If they sell it, you end up with money in Germany and at least a few newly rich founders who will want to start more local companies.
Re:The Hidden Tax Trap for SaaS Founders in Germany by ajsnigrutin on Friday November 15, 2024 @05:47AM (#42145685)
> by treating business sales like regular income.

But aren't they regular income?

Why should one form of income be taxed at a different rate than some other?

Tax rate too high? Sure, agree. Should all income be taxed at same levels? Yes to that too.

Re:The Hidden Tax Trap for SaaS Founders in Germany by noduerme on Friday November 15, 2024 @06:17AM (#42145863)
Because, follow this logic:

1. You sit down at a blank screen and begin writing code.

2. You put your own money into launching your web app, then advertising it, then managing it every day and modifying things before you see a single penny in revenue.

3. You earn revenue, now you are already paying taxes on that revenue.

4. You sell the company which had zero value to begin with, you already paid tax on all the revenue you made. Any tax the government now puts on you is a tax for the initial work which you did. This disincentivizes anyone else from creating something new from scratch.

This is why it shouldn't be treated as regular income. It was done in your free time. Everyone makes regular income, and pays taxes on that, but only a fraction of people work extra hours on passion. Taxing one's passion is essentially to kill anyone's desire to do it.

If no one in your society creates anything from passion, and everyone works for a corporation, your society will not be competitive or dynamic.

Therefore there's a societal, even Socialist interest in encouraging this type of behavior - or at least not punishing it.

Same reason the last couple Kim Jongs have allowed the peasants in North Korea to grow small plots of private vegetables. Even they know that the creative instinct can only be suppressed so far before doing so creates a negative and destructive drag on even the most tightly controlled corporatist system.

Re:The Hidden Tax Trap for SaaS Founders in Germany by ajsnigrutin on Friday November 15, 2024 @04:36PM (#42151405)
But this is true for everything. A farmer puts a seed into the groud, takes care of it, harvests the vegetables, sells them, pays vat, pays possible corporate income tax, and if he wants to transfer the money to his personal account, he has to pay out a paycheck and pay taxes on that.

Where's the difference if you work 8 hours at your regulat job + 4 hours at a second job? Or 4 extra hours of that second job for your own company? Or just 4 hours of overtime at the first company?

Re:The Hidden Tax Trap for SaaS Founders in Germany by noduerme on Saturday November 16, 2024 @02:37AM (#42155089)
The farmer paid tax on selling his vegetables, and property tax, and all the other taxes as you said.

If the farmer improves the land by constructing something on it, using his own money, then that is above and beyond the simple sale of products. It should be taxed as an investment that grew in value (i.e. Capital Gains), not as normal income, because the farmer had to risk his own savings to construct it.

If the construction is a hotel, of course he pays taxes too on the income from that. But he was already taxed for the money he saved which he put into building the hotel, so why should he be taxed twice at the income rate when he sells it?

The point of having a capital gains taxrate lower than an income taxrate is to incentivize people not to bury their savings under the mattress but to use it to create new growth. Whether that's by investing in listed companies or in their own startup.

The central difference between tax on earnings and tax on capital gains is that the money the farmer spends to build something new besides simply harvesting, is money the farmer already had saved after tax, and could have put elsewhere, but he took the risk of putting it here. That is why it's unwise to tax creating new value on existing properties, with your own funds, more than you would tax other investments. It prevents people from improving their own properties (or whatever startup or other project they're working on).

Obviously, if you believe that it's best not to stimulate anyone to create anything new, then you wouldn't subscribe to this idea.

Re:The Hidden Tax Trap for SaaS Founders in Germany by 127 on Friday November 15, 2024 @05:51AM (#42145706)
Most small business owners make much less than the "normal" people. They work harder and take more risks. On the off chance that they are successful it looks like Germany takes over half what they have earned.

It's a strange world where creativity, boldness and acumen are punished and the public applauds for it.

Not every business is a large international mega-corp. Some are just a couple of individuals building a dream. These people can't afford expensive advisors or attorneys.

Re:The Hidden Tax Trap for SaaS Founders in Germany by alkonaut on Friday November 15, 2024 @06:00AM (#42145764)
If you make very little money, then you don't pay much taxes. If you sell a company it's income. If that sale is a low amount, it's a small amount of taxes. If you sell it for millions, it's a lot of taxes.

If I buy a home at $1M and sell it for $3M, I'm taxed for the $2M profit. Same if I buy a company for $1M and sell it for $3M then I'm taxed for the $2M profit. Whether that tax is 1% or 50% can of course be a subject of debate, but that it's taxed at all is hardly controversial.

Not sure I'm following the debate here but are people suggesting that if I start a company and later sell it for $3M then those $3M should NOT be taxed the same as If had bought it for $1 and sold it for $3M? Why would that be?

Re:The Hidden Tax Trap for SaaS Founders in Germany by oytis on Friday November 15, 2024 @06:02AM (#42145773)
> Sorry you don‘t get a free ride for being rich.

You actually do, a lot. It's when you are not rich yet, but want to get rich is where German tax law will hate you.

Re:The Hidden Tax Trap for SaaS Founders in Germany by herbst on Friday November 15, 2024 @05:47AM (#42145689)
Everybody can basically decide to Flag-theorie their life and avoid paying taxes altogether.

Thing is if a country makes it easy for someone to do their own thing it can cultivate a healthy environment for founders people may not even get that idea.

Re:The Hidden Tax Trap for SaaS Founders in Germany by TomK32 on Friday November 15, 2024 @05:44AM (#42145654)
Taxes are good and necessary to fund the government and social systems. You need a happy population to have a healthy economy. Poor people don't buy a new telly every two years...
Re:The Hidden Tax Trap for SaaS Founders in Germany by rad_gruchalski on Friday November 15, 2024 @05:47AM (#42145687)
Yeah, true. But if one started from zero, built a business, paid all the taxes along the way, got lucky and cashed out, cut them some slack, no?

But I see why not. Who’s going to work for those who go out of work. It makes less and less sense to start a business in Germany. It all feels like leeching off of people who have the audacity to do something in this country. If you work and become successful, you’ll get leeched off of, if you have no desire to work, no worries, you will get the social net… if you’re German that is. Screw you if you’re an immigrant.

Re:The Hidden Tax Trap for SaaS Founders in Germany by Rinzler89 on Friday November 15, 2024 @05:45AM (#42145673)
>Sorry you don‘t get a free ride for being rich.

That's the problem with European way of thinking. Entrepreneurs and start-up founders taking on huge workloads and risk to start a business and create jobs, are automatically demonized as "rich freeloaders exploiting the system", to support this ideologically driven class warfare in hopes of getting more votes, where the ruling elite take 9 pieces of the economical pie, give half of the remaining piece to the middle class, the other half to the lower class and tell them "hey look, those business freeloaders are the reason you only half a piece".

If you want to create new jobs in new emergent industries, which is always gonna be a high risk high reward situation with plenty of failures, you'll have to support the ones taking the risks somehow instead of demonizing them as freeloaders. That's how the EU economy is now only half that of the US, when 20 years ago they were on par.

So then in Europe we end up in the situation where most of the new ventures are coming from entrenched industry players and hereditary wealth with connections to politics who actually exploit the system, instead of ambitious working class people taking a chance at building something like in the US. Basically neo-feudalism.

Re:The Hidden Tax Trap for SaaS Founders in Germany by gyre007 on Friday November 15, 2024 @05:51AM (#42145703)
Yep, this is the right take. Somehow entrepreneurs are perceived in the EU as tich freeloaders and not as job and innovation creators who tend to take a lot of risk and go through tremendous pressure while running their companies. I feel the influx of VC money skewed the vision of what it entails to start a company: it is true that the investment slightly "de-risks" founders (emphasis on double quotes!) but that's often an illusion - I don't think people who never ran a company understand the pressure of a founder's responsibility towards their employees, investors, etc... most of the generally very risk-averse Europeans will never grasp this