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The small business regulation is a tax simplification measure under § 19 UStG. It allows you as an entrepreneur with low revenue to omit VAT from your invoices and exempts you from monthly advance VAT returns, while simultaneously denying you the right to deduct input tax.
In principle, the rule in Germany is: anyone who sells something must pay VAT (usually 19% or 7%) to the tax office. The small business regulation is an exception to this obligation. It was created to reduce the bureaucratic burden for founders and small companies.
To be eligible for this regulation, you must meet two thresholds:
If you meet these criteria, you issue your invoices with the same net and gross amount. This means you do not add 19% on top, but you also do not pay any VAT to the tax office. In return, you cannot reclaim the VAT you pay on your own purchases or Amazon fees from the tax office (no input tax deduction).
For many Amazon sellers, the small business regulation is the starting point for their e-commerce business. While it seems temptingly simple at first glance, it harbors specific pitfalls within the Amazon ecosystem.
Here are the three most important points you need to know:
Important note: The small business regulation is a German law. As soon as Amazon stores your goods abroad, you immediately lose this status for sales generated in those countries. Read here how to master the tax labyrinth abroad: Amazon FBA Tax: PAN-EU & CEE – How to navigate the tax labyrinth safely
Imagine you sell a handmade coffee mug on Amazon for 20.00 euros.
Whether the regulation is worth it therefore depends heavily on your margins and your expenses.
Especially with Amazon, where dozens of orders can come in daily, manual bookkeeping is not an option. Amainvoice takes the complexity of the small business regulation off your hands completely and ensures that your tax compliance remains intact.
This is how we specifically support you:
This article is for general information purposes only and does not constitute tax or legal advice. Please consult a qualified tax advisor regarding your individual situation.
The small business regulation under Section 19 UStG is a tax simplification for founders and small businesses. It exempts you from filing monthly VAT returns and from showing VAT on invoices. The requirement is that your revenue in the previous calendar year was below 25,000 euros and is not expected to exceed 100,000 euros in the current year.
No, and this is the biggest pitfall for sellers. Section 19 UStG is a purely German law. As soon as you participate in the Amazon FBA program and your goods are moved to foreign warehouses (e.g., in Poland or the Czech Republic as part of the CEE program), you immediately become liable for tax locally in the respective country – regardless of your German revenue level.
If you show tax on your invoices despite having small business status (e.g., 19%), this is considered an incorrect tax statement under Section 14c of the German VAT Act (UStG). You must pay the full amount shown to the tax office, but in return, you still cannot claim input tax on your expenses.
You must not show any VAT on the invoice ("net equals gross"). In addition, you must include a legally compliant reference to the reason for the exemption, for example: "In accordance with Section 19 UStG, no VAT is charged." If this sentence is missing or if you accidentally show VAT, you owe this amount to the tax office immediately.
That depends on your target audience and your margins. If you sell primarily to end consumers (B2C), you can offer better prices or increase your margins by not charging VAT. However, you lose the right to input tax deduction: you cannot reclaim the VAT on your inventory purchases and Amazon fees from the tax office, which increases your expenses.
Amainvoice automatically detects your small business status and generates a correct invoice for every order with 0% VAT and the legally required disclaimer under Section 19 UStG. Furthermore, the software cleanly separates domestic sales from any international transactions (e.g., FBA stock transfers) and provides prepared data for your tax advisor via DATEV export.