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Small Business Regulation 2025: Everything About § 19 UStG

The small business regulation explained simply: requirements, pros and cons, revenue limits, and when opting out makes sense. With practical examples.

Dr. Peter Müller · ·15 min read

The small business regulation (Kleinunternehmerregelung) under § 19 UStG is one of the most important tax reliefs for founders, freelancers, and part-time self-employed individuals in Germany. It exempts you from VAT - with all its advantages and disadvantages. In this guide, you'll learn everything you need to know for 2025.

Key Takeaways

  • Revenue limit 2025: €22,000 in the previous year + expected €50,000 in the current year
  • Advantage: No VAT on your invoices
  • Disadvantage: No input tax deduction on purchases
  • Required note: "No VAT charged due to the application of the small business regulation according to § 19 UStG"

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What Is the Small Business Regulation?

The small business regulation (§ 19 UStG) exempts small businesses from VAT. This means:

What you DON'T have to do:

  • Show VAT on invoices
  • Submit VAT advance returns
  • Create annual VAT declarations (simplified)

What you still have to do:

  • Apply for a tax number
  • Submit income tax returns
  • Include the required note on invoices

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The 2025 Revenue Limits in Detail

To use the small business regulation, you must stay within two limits:

CriterionLimit
Revenue in previous yearmax. €22,000
Expected revenue current yearmax. €50,000

Important: Gross = Net for Small Businesses

Since you don't charge VAT, your gross revenue equals your net revenue.

Example 1: New Business in 2025

You start in March 2025 and expect €30,000 revenue by December.

Calculation:

  • 10 months of activity
  • €30,000 ÷ 10 × 12 = €36,000 annualized
  • → Small business regulation possible (under €50,000)

Example 2: Existing Business

You had €20,000 revenue in 2024 and expect about €45,000 in 2025.

Check:

  • Previous year (2024): €20,000 ✅ (under €22,000)
  • Current year (2025): €45,000 ✅ (under €50,000)
  • → Small business regulation still possible

Example 3: Exceeding the Limit

You had €25,000 revenue in 2024.

Check:

  • Previous year (2024): €25,000 ❌ (over €22,000)
  • → From 2025 standard taxation (VAT obligation)

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Small Business vs. Standard Taxation: Comparison

CriterionSmall BusinessStandard Taxation
VAT on invoicesNone19% / 7%
Input tax deduction❌ No✅ Yes
VAT advance returns❌ Not required✅ Monthly/quarterly
PricingSimplerGross/net calculation
B2B competitionDisadvantageAdvantage
Administrative effortLowHigher

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When Does the Small Business Regulation Pay Off?

✅ Small business regulation recommended:

  1. Private customers (B2C): Your customers can't deduct input tax anyway
  2. Low investments: You buy few goods/services with VAT
  3. Side business: Minimal administrative effort desired
  4. Service providers: Little input tax from purchases

❌ Standard taxation recommended:

  1. Business customers (B2B): Your customers expect net prices
  2. High investments: You buy a lot with 19% VAT (e.g., technology)
  3. Fast growth: You'll soon exceed the limits
  4. Trade: High goods purchases with input tax

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Calculation Example: Small Business vs. Standard Taxation

Scenario: IT Freelancer

Revenue: €40,000 (net) Expenses with VAT: €5,000 net (€950 input tax)

#### As a small business:

PositionAmount
Revenue€40,000
Expenses (gross)€5,950
Profit before taxes€34,050

#### With standard taxation:

PositionAmount
Revenue (net)€40,000
+ collected VAT+€7,600
- paid input tax-€950
= VAT liability€6,650
Expenses (net)€5,000
Profit before taxes€35,000

Result: In this example, you'd be €950 better off with standard taxation - exactly the input tax you get back.

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Required Information on Small Business Invoices

As a small business, you must include a required note on your invoices:

Standard wording:

"No VAT charged according to § 19 UStG."

Alternative wordings:

  • "VAT exempt under § 19 UStG"
  • "Under the small business regulation per § 19 UStG, the invoice amount contains no VAT"

All other mandatory information still applies:

  • Name and address (you and customer)
  • Tax number (not VAT ID)
  • Invoice date and number
  • Service description
  • Service date
  • Total amount

Important: Never show VAT! This would create a tax liability.

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How to Register as a Small Business

Step 1: Business Registration (if commercial)

At your local authority. Cost: €15-65.

Step 2: Tax Registration Questionnaire

The tax office sends you the questionnaire automatically. Important:

  • Line 128: "Should the small business regulation be applied?" → Check YES
  • State estimated revenue (keep under €22,000)

Step 3: Receive Tax Number

After 2-4 weeks, you'll receive your tax number. This goes on all invoices.

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Opting Out of the Small Business Regulation

You can voluntarily opt out of the small business regulation (§ 19 Para. 2 UStG):

When does it make sense?

  • High investments with input tax planned
  • Mainly B2B customers
  • More professional appearance desired

Important to know:

  • Opting out binds you for 5 years
  • Apply informally to the tax office
  • Can only be reversed after the 5 years

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What Happens When You Exceed the Limit?

Scenario: You exceed €22,000 in the current year

Example: In October, you reach €23,000 revenue.

Consequences:

  1. From next year you're subject to standard taxation
  2. In the current year you remain a small business
  3. You must submit VAT advance returns
  4. Old invoices don't need to be corrected

Scenario: You exceed €50,000 in the current year

Example: In September, you reach €52,000 revenue.

Consequences:

  1. From exceeding the limit you're VAT liable
  2. All invoices from this point must show VAT
  3. Retroactive correction may be necessary

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Small Business and E-Invoicing 2025

Small businesses are also affected by the e-invoicing requirement:

PeriodRequirement
From 2025Able to receive e-invoices
From 2027Send e-invoices (if > €800,000 revenue)
From 2028Send e-invoices (all businesses)

Tip: Use software like Clever Invoice that supports e-invoices in XRechnung and ZUGFeRD format.

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Avoid Common Mistakes

1. Showing VAT

Problem: You write "19% VAT" on the invoice. Consequence: You owe the tax office this tax! Solution: Never show VAT, always include the required note.

2. Incorrectly calculating the limit

Problem: You calculate with gross amounts for purchases. Solution: The €22,000 limit refers to your revenue (for small businesses = gross = net).

3. Forgetting annualization at startup

Problem: You start in September and make €8,000 revenue. Solution: €8,000 ÷ 4 months × 12 = €24,000 → Limit exceeded!

4. Not thinking through opting out

Problem: You opt out but have hardly any input tax. Solution: Calculate exactly before opting out whether it's worth it.

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Small Business in International Trade

EU Customers (B2B)

  • You need a VAT ID (possible even as a small business)
  • Apply reverse charge procedure
  • Submit recapitulative statement

EU Customers (B2C)

  • Without OSS: Micro-business regulation up to €10,000 EU revenue
  • With OSS: Registration in One-Stop-Shop

Third-country Customers

  • No VAT for services
  • Deliveries: Export is VAT-free

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Checklist: Small Business Regulation

Before registration:

  • [ ] Create revenue forecast (< €22,000)
  • [ ] Check B2B vs. B2C share
  • [ ] Create investment plan
  • [ ] Calculate standard taxation

During registration:

  • [ ] Fill out questionnaire correctly
  • [ ] Check small business option
  • [ ] Give realistic revenue estimate

During operations:

  • [ ] Track revenue monthly
  • [ ] Required note on all invoices
  • [ ] Don't show VAT
  • [ ] Near limit: Plan strategically

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Conclusion: Using the Small Business Regulation Correctly

The small business regulation is ideal for:

✅ Founders with little startup capital ✅ Part-time self-employed ✅ Service providers with private customers ✅ Everyone who wants to minimize administration

It's less suitable for:

❌ B2B business with corporate customers ❌ High investments with input tax ❌ Fast-growing businesses

With Clever Invoice, you create legally compliant small business invoices in seconds - with automatic required notes, sequential invoice numbers, and e-invoicing. Start free now!

Frequently asked questions

What is the revenue limit for small businesses in 2025?

The limit is €22,000 revenue in the previous year and expected €50,000 in the current year. Both limits must be met.

Do I have to file a tax return as a small business?

Yes, you must file an income tax return with the EÜR form. A VAT return is not required or greatly simplified.

Can I have a VAT ID as a small business?

Yes, this is possible and even necessary for EU business. Having a VAT ID doesn't automatically mean standard taxation.

What happens if I exceed €22,000?

From the following year, you automatically become subject to standard taxation. You must then show VAT on invoices and submit advance returns.

Can I switch from small business to standard taxation?

Yes, you can voluntarily opt out. Note: Opting out binds you for 5 years.

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