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Freiberufler or Gewerbetreibender? The two types of self-employed in Germany

Germany draws a legal line between liberal professions and commercial traders. Here is what each means, how to tell which you are, and what changes.

5 min read·20 May 2026
🇩🇪 Auf Deutsch lesen

Germany splits the self-employed into two categories: Freiberufler (liberal professions) and Gewerbetreibende (commercial traders). Which one you are determines whether you pay trade tax, whether you need to register a business, and how the Finanzamt treats you.

Freiberufler — liberal professions

You are a Freiberufler if your work falls under §18 of the German income tax act (EStG). The law names five types of activity:

  • Scientific — researchers, analysts, consultants in scientific fields
  • Artistic — designers, photographers, illustrators, musicians
  • Literary — translators, journalists, authors
  • Teaching and educational — tutors, coaches, trainers
  • Healthcare and legal — doctors, dentists, therapists, lawyers, architects, engineers, tax advisors

As a Freiberufler you are exempt from Gewerbesteuer (trade tax) and do not need to register in the Handelsregister (commercial register). You register directly with the Finanzamt when you start.

How to tell: If you have never received a letter about Gewerbesteuer from your Finanzamt, you are almost certainly a Freiberufler.

Gewerbetreibende — commercial traders

You are a Gewerbetreibender if your work is commercial — selling products, running an agency, or offering services that do not fall under the liberal professions list above.

As a Gewerbetreibender you must:

  • Register your business at the Gewerbeamt (trade office)
  • Pay Gewerbesteuer on annual profits above €24,500
  • Keep accounting records according to commercial standards

How to tell: The Finanzamt will have sent you a letter about Gewerbesteuer obligations — either when you registered as self-employed or when your status changed.

Not sure which you are?

Call or email your local Finanzamt branch. Give them your Steuernummer and ask for your status. They will confirm whether you are a Freiberufler or Gewerbetreibender at no charge. If you lost the letters, this is the quickest way to get clarity.

Künstler — artists and the KSK

If you work as a freelance artist, musician, writer, journalist, or performing artist, you may be eligible for the Künstlersozialkasse (KSK) — Germany’s social insurance scheme for creative professionals.

As a KSK member you pay only half of your social insurance contributions (health, care, and pension). The KSK collects the other half from the companies that use your work — clients, publishers, agencies, broadcasters.

To qualify you need to:

  • Earn your primary income from artistic or journalistic work
  • Work predominantly for commercial clients subject to the KSK levy
  • Earn at least around €3,900 per year from your creative work

Membership is not automatic — you apply, and the KSK decides based on your activity. Most working artists, musicians, designers, photographers, journalists, and writers qualify.

Mixed activities

If your work spans both categories — for example, you design websites (Freiberufler) but also sell digital products (commercial) — the rules get more complex. Under the Abfärbetheorie (contamination doctrine), commercial income can pull all your income into Gewerbetreibende territory and make it subject to trade tax. A tax advisor can help you structure this correctly from the start.

In Billino

Add your Steuernummer to your sender profile and Billino puts it on every invoice automatically. If you are a Kleinunternehmer (under €25,000 annual turnover), enable that option and Billino adds the required §19 UStG note to all invoices.

Common questions

How do I know if I'm a Freiberufler or a Gewerbetreibender?

If your work falls under one of the five categories in §18 EStG (scientific, artistic, literary, teaching, or healthcare/legal), you're a Freiberufler. If you've never received a letter about Gewerbesteuer from your Finanzamt, you're almost certainly a Freiberufler; if you have, you're a Gewerbetreibender.

Do Freiberufler pay trade tax (Gewerbesteuer)?

No — Freiberufler are exempt from Gewerbesteuer and don't need to register in the Handelsregister. Gewerbetreibende must pay it on annual profits above €24,500.

What is the KSK and who qualifies?

The Künstlersozialkasse is Germany's social insurance scheme for creative professionals — members pay only half their health, care, and pension contributions. You need to earn your primary income from artistic or journalistic work, work mainly for commercial clients, and earn at least around €3,900 per year from it.

What happens if I do both freelance and commercial work?

Under the Abfärbetheorie (contamination doctrine), commercial income can pull all your income into Gewerbetreibende territory and make it subject to trade tax — a tax advisor can help structure this correctly.

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