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German Trade Tax (Gewerbesteuer): Who Pays and How It Works

A municipal tax on commercial business profit, not on your salary and not VAT. Who owes it, how the €24,500 allowance and municipal Hebesatz combine, and how much you can claw back through income tax.

Basaveswara RaoPublished September 20, 202612 min read

A person presenting a business results chart, representing a German trade tax overview

Quick answer

Gewerbesteuer (trade tax) is charged by German municipalities on the profit of a commercial business, not on employment salary or turnover. Commercial sole traders and partnerships get a €24,500 annual allowance before anything is owed; a GmbH or UG gets none. Roughly: subtract any allowance from rounded trade income, then multiply by 3.5% and the Hebesatz (as a fraction of 100%). Sole traders and partners can usually offset a large share of the result against personal income tax. Examples here are simplified; individual treatment can differ.

Examples on this page are simplified for a first-time business owner and assume an ordinary full-year domestic business with no special exemptions. Individual treatment can differ.

On this page
  1. Classify your activity
  2. Calculate the base
  3. Claim income-tax relief
  4. File and pay on time

Who pays Gewerbesteuer, and who does not?

Gewerbesteuer is a municipal tax on the profit of a commercial business (Gewerbebetrieb) in Germany, separate from income tax (total personal income) and VAT (sales). An employee's salary is never subject to it: wages are employment income, not commercial profit.

Whether your own activity counts as "commercial" depends on legal form and, for individuals, on the activity itself. A GmbH or UG is always fully commercial by legal form under Section 2 GewStG, whatever it actually does. A sole trader or partnership is normally commercial only if the activity is a Gewerbe rather than a recognised profession (freiberufliche Tätigkeit) under Section 18 EStG, such as many doctors, lawyers and architects. For partnerships, the special rules on commercial tainting or commercial character under Section 15(3) EStG can also cause the income as a whole to be treated as commercial.

This is narrower than the everyday words "self-employed" or "freelancer" suggest. Many freelance consultants, developers and designers are, for German tax purposes, commercial (gewerblich) rather than Freiberufler, because their specific activity falls outside Section 18 EStG; a side business alongside employment is judged the same way, with no automatic exemption. See our freelancer guide for that classification question in more depth.

Does trade tax apply to you?
Trade tax (Gewerbesteuer)?
Employee salaryNo. Wages are taxed as employment income, not commercial profit.
Qualifying Freiberufler activity (§18 EStG)Generally no, when the activity itself qualifies and is carried on as a sole proprietorship or a partnership of only qualifying professionals.
Commercial sole trader (Einzelunternehmer)Yes, once trade income exceeds the €24,500 allowance.
Commercial partnership (e.g. OHG, KG)Yes, at partnership level, once trade income exceeds the €24,500 allowance.
GmbH / UG (haftungsbeschränkt)Yes, on all trade income; no allowance applies.

Kleinunternehmer isn't the same question

Kleinunternehmer status (Section 19 UStG) is a VAT simplification for very small turnover; it has nothing to do with trade tax and does not exempt a commercial activity from it. This article does not cover the VAT thresholds themselves.

The €24,500 allowance: what it actually covers

Under Section 11 GewStG, natural persons and ordinary commercial partnerships deduct a €24,500 allowance (Freibetrag) from their trade income before the tax rate is applied. A GmbH or UG does not receive it at all. The allowance is not a turnover limit, not the personal income-tax basic allowance, and not multiplied per partner in a partnership; it is one allowance per business.

It is also a genuine Freibetrag, not a cliff edge: crossing €24,500 doesn't tax the whole amount, only the portion above it. Liability, an actual payment, and a filing obligation are three separate questions: a business can be liable in principle while owing nothing this year, and still have a filing duty. Accounting profit also isn't automatically the trade-tax base; statutory additions and deductions (next section) can move the two apart.

How to calculate trade tax, step by step

The starting point is the business's tax profit. From there, the calculation runs through a fixed sequence:

  1. Start with tax profit. The profit as determined for income or corporation tax purposes.
  2. Apply additions and deductions. Sections 8 and 9 GewStG add back and remove specific items, arriving at the Gewerbeertrag (trade income).
  3. Offset trade-tax loss carryforwards. Section 10a GewStG lets earlier years' trade losses reduce this year's trade income, under their own rules.
  4. Round down to full €100. Section 11 GewStG rounds the resulting trade income down to the nearest €100.
  5. Subtract the allowance, where available. €24,500 for natural persons and ordinary partnerships; nothing for a GmbH/UG.
  6. Apply the 3.5% Steuermesszahl. This gives the Steuermessbetrag, a fixed percentage of the post-allowance base.
  7. Apply the municipal Hebesatz. The Steuermessbetrag × the municipality's own Hebesatz (as a fraction of 100%) gives the trade tax owed.

Formula

For the simplified case with no additions, deductions or losses:

Trade tax = max(0, rounded trade income − allowance) × 3.5% × (Hebesatz ÷ 100)

A 400% Hebesatz means multiplying by 4, giving 14% of the post-allowance base, not "400% of profit." The allowance can lower the effective share of total profit, but add-backs work the other way and can raise it, so the effective percentage of accounting profit can land either lower or higher than that 14% figure, not reliably one direction.

One thing to watch

One recurring addition is worth naming: under Section 8 No. 1 GewStG, debt interest, certain pension-like payments, silent-partner profit shares, 20% of movable-asset rent/leasing, 50% of immovable-asset rent/leasing and 25% of licence fees are combined into one total, and a quarter of whatever that total exceeds €200,000 by is added back, not a quarter of the whole total. A combined total of €250,000, say, adds back €12,500 (a quarter of the €50,000 excess), not €62,500. That threshold applies only to this specific add-back. Loss carryforwards have their own separate usage rules, not detailed here.

Worked examples: sole trader versus GmbH

All figures below are original, independently calculated illustrations: a full-year ordinary domestic business, no additions, deductions, loss carryforwards, special exemptions or multi-municipality allocation. €68,490 is illustrative trade income, not turnover, and 400% is a hypothetical municipal Hebesatz, not attributed to any specific town.

Same trade income, two legal forms, same 400% Hebesatz
Sole traderGmbH
Illustrative trade income68,490 €68,490 €
Rounded down to full €10068,400 €68,400 €
Allowance24,500 €0 €
Remaining base43,900 €68,400 €
Steuermessbetrag (3.5%)1,536.50 €2,394.00 €
Trade tax before any personal relief6,146.00 €9,576.00 €

Trade tax before relief, at a glance

Sole trader6,146.00 €
GmbH9,576.00 €

For scale, an ordinary sole trader with €22,800 trade income owes no trade tax once the €24,500 allowance applies. That doesn't settle whether a return still has to be filed, or say anything about other taxes.

Not a recommendation

This comparison is not a recommendation of one legal form over the other: other taxes, costs, liability and admin differences are outside its scope.

How trade tax reduces your income tax

For a sole trader or a partner in a partnership, Section 35 EStG reduces personal income tax by up to four times the Steuermessbetrag attributable to that commercial income. This relief exists only for individuals; it is not a corporate-tax credit, so it never applies to a GmbH or UG.

Two limits cap how much of that lands: the reduction can't exceed income tax attributable to commercial income (a proportion of total positive income), and, often more relevant, Section 35 EStG restricts it to trade tax actually payable. At a low enough Hebesatz, four times the Steuermessbetrag can exceed the trade tax itself, and only the smaller figure is usable.

Continuing the sole-trader figures above at a hypothetical 450% Hebesatz instead of 400%: trade tax becomes €6,914.25, while four times the Steuermessbetrag stays €6,146.00 (it doesn't depend on the Hebesatz). If the full €6,146.00 is usable, €768.25 of trade tax remains as the residual cost here, not the person's total tax bill. Even at exactly 400%, where the two figures coincide, full relief still depends on the income-proportion limit and on enough income tax existing to offset it against.

768.25 €Residual trade tax in this example, at 450% Hebesatz

Paying the municipality and claiming this relief on the income-tax return are separate processes on different timetables, which can create a real cash-flow gap even when the relief is usable in full. Trade tax itself is also not deductible as a business expense (Section 4(5b) EStG): Section 35 is a credit against income tax, not a deduction from profit.

Which municipal rate applies?

The Hebesatz is set by each municipality individually and can change yearly, so this article uses hypothetical rates rather than one town's historical figures, which can go stale quickly. Confirm the current published rate directly.

Where a business operates matters: a permanent establishment (Betriebsstätte) generally creates the local claim, and Section 28 GewStG allocates the base across municipalities when there's more than one. A mailbox address alone doesn't establish that. Section 16 GewStG also sets a statutory minimum: 200% for 2026, rising to 280% from 2027 under the law dated 29 June 2026 (Section 36(5b) GewStG), not applied retroactively to 2026.

Filing, assessment notices and payment dates

The process runs in two stages: an electronic return goes to the Finanzamt, which determines the Steuermessbetrag and issues a Steuermessbescheid; the municipality then applies its own Hebesatz, issues the actual assessment, and collects payment. City-states can administer this differently, so follow the authority named on your own notice.

A filing obligation isn't simply the mirror of "tax is due": corporations must generally file regardless of the result, a loss carryforward can create a filing duty alone, and the tax office can request a return too. Don't assume every sole trader below the allowance is automatically excused, or obliged, without checking Section 25 GewStDV and Section 149 AO.

Statutory advance-payment dates (Section 19 GewStG)

  1. 15 February

    First advance payment

    Based on the most recently assessed Steuermessbetrag, credited against the final bill.

  2. 15 May

    Second advance payment

    Same basis as the first instalment.

  3. 15 August

    Third advance payment

    Same basis, midway through the year.

  4. 15 November

    Fourth advance payment

    The final instalment before the annual assessment settles the difference.

Keep in mind

These four dates shift for weekends and public holidays under Section 108 AO. If expected profit changes materially during the year, ask the tax office to adjust the advance payments rather than overpaying or underpaying all year.

As a general framework, Section 149 AO gives seven months after year-end without a tax adviser, or the end of February of the second following year with one; both shift for holidays and can be affected by transitional rules. Confirm the current deadline for your specific situation before relying on either figure.

Practical next steps

  • Confirm your classification: Freiberufler activity, commercial sole trader, partnership, or GmbH/UG
  • Look up the current Hebesatz for the municipality where your business operates
  • Estimate your trade income, including the allowance if you qualify
  • Check your filing obligation this year, even if no tax looks likely
  • Set aside cash for quarterly advance payments, not just the annual bill

Sources and further reading

This is informational content, not personalised advice.

Frequently asked questions

Do employees pay Gewerbesteuer on their salary?

No. Income tax and social-security contributions can apply to employment salary; trade tax never does. A business run alongside that employment is judged independently of the salary itself.

Does Kleinunternehmer status remove trade tax?

No. Kleinunternehmer status under §19 UStG only simplifies VAT for businesses with very low turnover; it says nothing about whether an activity is commercial. A Kleinunternehmer running a genuinely commercial business still applies the normal trade-tax rules, including the allowance where the legal form qualifies for one.

Do I still have to file a return if my trade income is below €24,500?

Not automatically either way. Whether a return is required depends on rules such as §25 GewStDV and §149 AO, not on the allowance alone; corporations, an established loss carryforward, or a specific request from the tax office can all create a filing duty even when no tax ends up being owed. Check the specific rules for your situation rather than assuming.

Does a loss always mean no trade tax is due?

Not necessarily. The trade-tax base (Gewerbeertrag) is not always identical to the accounting result, because statutory additions under §8 GewStG can apply even in a loss year, and separate loss-carryforward rules under §10a GewStG govern how earlier losses offset later profits. A loss in your own books does not automatically translate into zero trade income for this specific calculation.

Written and maintained by Basaveswara Rao. Last reviewed on September 20, 2026.

This article is for general informational and educational purposes only and does not constitute formal tax, legal, or insurance advice (Steuer-, Rechts- oder Versicherungsberatung).