I’ve always been a goody-two-shoes most of my life. I like rules. It gives structure to chaos and makes things predictable, which is a must if you want to let people drive over 200 kmh on the Autobahn. But at some point, it just hurts.

For the past several months, I’ve played by the rules. I requested an appointment to change my visa and was told to wait 2.5 months. I went to the chamber of commerce (IHK) to have them verify that I am a web designer, even if I don’t have some certificate that says I am. Two weeks ago I went to register my self-employment with the tax authorities, who have to decide what category I fall into: freelance or commercial, (freiberuflich oder gewerblich). I’ll explain later, but web design is considered a commercial activity, so I need a commercial license (Gewerbeschein) and a visa that allows me to do that: a full self-employment visa, according to § 21 of AufenthG.

Arguing my rights as a foreigner at the foreigner’s office

According to the law, a foreigner is generally granted a visa for self-employment if he invests 250.000 EUR and creates 5 jobs. It also goes on in paragraph 2 to say there are exceptions for certain countries according to international agreements, i.e. for this American, me. But the stubborn clerk at the foreigner’s office refused to even let me apply. I held my tongue because I needed at least the freelance visa, which I received in the morning. After conferring with the IHK midday, I went back to the foreigner’s office, waited 90 minutes for my number to be called and surprise! I ended up at the same clerk, who refused again to take my papers, a 22 page business and financial plan and other forms. I refused to sit down and demanded that she call the IHK office responsible for foreigners’ rights and I gave her the business card with the number on it. Then she caved and said she would take the papers, but not without a few more tiny spats about fees, etc. I was furious but I held my tongue.

Be half a worker? No, thank you

More importantly, I love what I do and I am good at it. I often design in the browser, i.e. in HTML and CSS, which actually is an advantage over designers who can’t. But being a freelancer would mean giving up this advantage. It would also mean being half a web designer, doing either design or code, but not both. For someone whose passion is web design, that hurts.

I wonder if the German authorities realize that they’ve asked a skilled IT worker like myself to be half a worker. It not only hurts me, it hurts them too. I’m an American and not some uneducated non-German speaking immigrant, which is how I felt I was treated. I don’t need to start a business here. But I’ve chosen to and for that I am a little crazy.

Now I know first hand why the World Bank ranks Germany number 98 for starting a business.

However, because I really do love Munich and the IHK is supporting me, I will wait a little longer. But just a little. And if my patience runs out, I’ll just register a limited liability corporation online in my home state of Massachusetts. Running a startup through my U.S. accounts makes things financially more complicated. But that’s what accountants are for.

Why is web design a “gewerblich” activity? Why is that important?

Designers are freelancers according to § 18 EStG. If I were to offer just design, I could be a freelance designer, because the designs are not yet websites. If I were to offer just html/css and someone else did the design, I could be a freelance web developer. But together they are a product, something one could sell and therefore it is commercial.

As a web designer, my work is online and therefore public. It’s also a grey zone. Some authorities in other cities consider web designer a freelance occupation, but not in Munich. Because my work is online, it’s too easy for the tax authorities to fine me for not having a commercial license and paying the extra commercial tax. The clerk at the foreigner’s office told me freelancing should be enough. Why not just “try” it? So I should just try and see if I get in trouble with the tax authorities? No thank you. And the IHK agreed with me.