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Selling software
Posted on 11.01.2006 18:42
Selling software
Hi,
I have been working in Germany with green card for more than two years. There are some software that
I developed before coming to Germany. I am told
at Auslaenderamt that if I want to sell the software I need to have "Selbsteandige Erwerbstaetigkeit gestattaet" in my passport. This should, however, be the case if I sell licenses regularly (i.e. if I turn selling this software to a businness).
My question is whether I can sell the source code and entire copyright? For me it is similar to selling ones house or car. Software is my belonging so I should be able to sell it 
Does anybody here have an idea or experience on this?
TheCode
Member since 15.02.2004
Posted on 11.01.2006 22:37
Re: Selling software
What your Ausländeramt told you is correct.
Whatever you do, and how, if you want to make money from what you have "sold", you must get the permit Selbständige Erwerbstätigkeit gestattet. I am sure you won't want to sell it just "once". Since it's software, it'll be easy for you to prepare copies and to sell several people.
This doesn't have to do with licenses. In both cases (in both of your paragraphs above) you want to sell something. Selling, means, you have to give receipt to whom you sell something, or you must have a booking work. To give an official receipt, you must have self-employed permission.
Even in Döner kiosks in Germany people give receipt, for what they sell. I am talking about repetitive sales, not once.
The person who buys what you did, will ask you to give a receipt. To organize receipt, you must be registered in Board of Trade (Handelskammer). For that, they will ask you selbständige Erwerbstätigkeit.
Please correct me if I'm wrong, but I think above is correct.
Klenze17.
klenze17
Member since 06.11.2004
Posted on 11.01.2006 22:51
Re: Selling software
hi,
just do it easy.
Ask somebody in your native country (of course, someone you can trust, in case you want your money back 
) to handle it as a IT service for the company that you want to sell the SW here. Probably he/she will need to pay the local taxes of your country (you must do the same here in case you were allowed to sell it directly here).
There are many companies doing foreign IT outsourcing, that problably the company knows how to procedure...
Bye,
Alex
alex
Member since 07.01.2004
Posted on 12.01.2006 09:21
Re: Selling software
Thanks for the answers.
klenze17:
I do want to sell it once. I am giving the entire
copyright,source code etc... so after that point on, I'll not own the software and I can not sell any copies. That's why I thought this is similar to selling, say, a car.I'll not use the car as a taxi, I'll sell my car.
alex:
I also thought of it but then how will I receive the money from the company legally? I mean,
if Finanzamt one day asks where the hell I got that money what can I say? That some auslaendishe company gave it to me as a present without any reason?
TheCode
Member since 15.02.2004
Posted on 12.01.2006 10:33
Re: Selling software
"I also thought of it but then how will I receive the money from the company legally?"
Your friend/brother or whoever is doing the business will tranfer the money to you. You aren't involved on it.
" I mean,
if Finanzamt one day asks where the hell I got that money what can I say?"
you say that it is going to happen only one time, so it shouldn't be a problem at all. In case they want to know the reason for a transfer of money from your native country to you (very hard to happen), you might say that that person had one old debt with you (say him to put that in the transfer explanation). That is.
Legally you can't be involved directly in the bussiness.
"That's why I thought this is similar to selling, say, a car.I'll not use the car as a taxi, I'll sell my car."
You are missing totally the point. Freelancing (what you want to do, it doesn't matter if you developed the SW in your home country or yesterday here in DE) is not allowed without EG. Period.
Bye,
Alex
alex
Member since 07.01.2004
Posted on 12.01.2006 10:59
Re: Selling software
@alex, @klenze17
What happens if TheCode decides to sell it over eBay? Would he still need the permit "Selbständige Erwerbstätigkeit gestattet"?
________________________________________
Akshay
Member since 21.03.2005
Posted on 12.01.2006 11:42
Re: Selling software
"What happens if TheCode decides to sell it over eBay? Would he still need the permit "Selbständige Erwerbstätigkeit gestattet"?"
well, it's another option, but it is by far risker than my idea.
a company buying custom software by eBay? A software developer selling own (custom) sofware by eBay? if I was Finanzamt...
To put it clear, if he sells his own car, he is selling an asset. If he sells SW developed by him, he is selling a product.
alex
Member since 07.01.2004
Posted on 12.01.2006 11:57
Re: Selling software
" What happens if TheCode decides to sell it over eBay? Would he still need the permit "Selbständige Erwerbstätigkeit gestattet"? "
I think selling on ebay is not a problem,even for persons without 'selbständige erwerbstätigkeit gestatted' stamp , as long as it is done as an individual and not as a professional. You are free to sell your own belongings . But selling a self made product may have different implications.
Another point :
Legally ,you are supposed to declare what ever you have sold when submitting taxpaers.
krieger
Member since 22.08.2005
Posted on 12.01.2006 12:05
Re: Selling software
@alex,@krieger
What you guys say about this product in www.ebay.de?
Artikelnummer: 8750101119
________________________________________
Akshay
Member since 21.03.2005
Posted on 12.01.2006 12:21
Re: Selling software
@Akshay
I don't get your point. What are you trying to show or say?
alex
Member since 07.01.2004
Posted on 12.01.2006 12:21
Re: Selling software
Well, what is your point ???
krieger
Member since 22.08.2005
