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Selling software
Posted on 11/01/2006 6:42 pm
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 12/01/2006 1:19 pm
Re: Selling software
@alex,@krieger
Well, I thought in eBay you could sell "anything" from your own belongings to self made product without requiring "Selbsteandige Erwerbstaetigkeit gestattaet".
________________________________________
Akshay
Member since 21/03/2005
Posted on 12/01/2006 2:10 pm
Re: Selling software
Yes, one can sell anything of his belongings , but not as a professional seller.
I do not think one can make a product and then sell it ( Legally )caliming that it is his belonging, without having Selbständige Erwerbstätigkeit gestatted stamp.
There may be people who are doing it and whether it is legal or not is another matter.
krieger
Member since 22/08/2005
Posted on 13/01/2006 1:10 pm
Re: Selling software
I think you can sell your software legally in the following way. You need to write (and legalise in your embassy) an authorisation for someone to sell your software in your native country in your name, with the payment proceeding to your bank account. Alternatively you can travel for a short holiday to do the sell.
The actual sale must take place in your native country. However, unless germany has a double taxation agreement with your native country you might have to declare the proceedings from that sale in germany as well.
You would tax it as foreign income.
-a
aalvarez
Member since 09/01/2004
Posted on 14/01/2006 12:22 pm
Re: Selling software
@Akshay
@alex, @klenze17
What happens if TheCode decides to sell it over eBay? Would he still need the permit "Selbständige Erwerbstätigkeit gestattet"?
If you read my email, I wrote that I asked him if he wants to sell his "product" once or not. Selling once is something else. At eBay do they sell their things more than once? Do companies like Microsoft sell their product from eBay?
In order that you can sell something more than once, the way from the home-country is a nice trick. But I think its overhead. It's point which one you choose. IMHO the best way is to get Selbständige Erwerbstätigkeit gestattet and do what you want.
Have a nice weekend,
Klenze17.
klenze17
Member since 06/11/2004
Posted on 18/01/2006 1:56 pm
Re: Selling software
Thanks for the answers to all.
@aalvarez
Would be nice if this can do the trick. During one of my regular visits I can do. Also, there is a double taxation agreement so this will not be a problem. I'd like to save the time and effort to be Selbstaendig. It doesn't worth the trouble (as I know it is a long and tedious process for foreigners) because I'll need only once
I have to ask to a lawyer to be sure I guess.
TheCode
Member since 15/02/2004
