Sole Trader or Limited Company: What Trade Tax Really Changes
The choice of legal form is rarely decided by tax alone — liability, external perception, financing and administrative effort often weigh more. Even so, a close look pays off, because sole traders and corporations differ in two fundamental respects when it comes to trade tax: the allowance and the credit. Both differences pull in the same direction, and both are substantial at small to medium profits.
Difference one: the allowance
Sole traders and partnerships deduct €24,500 from the rounded trade income; corporations do not. At €40,000 of trade income that means the sole trader is taxed on €15,500 and the GmbH on €40,000. The base amount is €542.50 against €1,400, and the trade tax at a 400 per cent multiplier €2,170 against €5,600. The allowance alone costs the GmbH €3,430 a year here.
Difference two: the credit
Sec. 35 EStG weighs even heavier. The sole trader may deduct four times their base amount from their income tax; the GmbH cannot, because it pays corporation tax and sec. 35 EStG concerns income tax only. For the sole trader in the example that means 4 × 542.50 = €2,170 of credit, exactly the trade tax paid. Effective extra burden: nil. For the GmbH, €5,600 stays definitively.
The full calculation at €80,000 profit
Let us work it through completely, with €80,000 of profit and a multiplier of 400 per cent. Sole trader: trade income €80,000, less the €24,500 allowance leaves €55,500, base amount €1,942.50, trade tax €7,770. Income tax under the 2026 basic tariff on €80,000 of taxable income is around €22,464, of which €7,770 is credited — leaving €14,694. Total burden: 7,770 + 14,694 = €22,464, or a good 28 per cent.
GmbH: trade income €80,000 with no allowance, base amount €2,800, trade tax €11,200. On top come 15 per cent corporation tax, that is €12,000, plus the 5.5 per cent solidarity surcharge on it, another €660. Total burden at company level: €23,860, or around 29.8 per cent. Up to this point the two forms are remarkably close — the decisive difference only comes afterwards.
The second step: distributions
For a sole trader the after-tax profit is freely available. For a GmbH it belongs to the company first. If the shareholder takes it out, the distribution attracts 25 per cent withholding tax plus the solidarity surcharge and, where applicable, church tax. Of the roughly €56,140 remaining after company taxes, a full distribution would leave only about €41,300 — pushing the overall burden to a good 48 per cent. Anyone who instead leaves the profit in the company and reinvests it does better with the GmbH, because retention at around 30 per cent sits well below the top income tax rate.
Where the threshold lies
As a rough orientation: as long as the entire profit is needed to live on, the sole proprietorship is usually ahead in tax terms — allowance and credit work immediately, and there is no second layer of taxation. As soon as a substantial part of the profit is meant to stay in the business permanently, the calculation tips towards the corporation. Very high multipliers worsen the corporation's position further, because it has no credit buffer: every percentage point hits it in full, whereas for a sole trader it only bites above 400 per cent. Both variants can be compared directly in the Trade Tax Calculator.
What is often overlooked
Three points regularly get lost in the discussion. First, trade tax is no longer deductible as a business expense in any legal form (sec. 4 para. 5b EStG), so it reduces the profit nowhere. Second, a GmbH counts as a commercial business by virtue of its legal form alone — even when it carries out an activity that would otherwise be freelance. A doctor operating as a sole trader pays no trade tax; the same activity inside a GmbH does. Third, changing legal form is itself a taxable event with contribution rules and blocking periods, and should never be done without professional support.
Conclusion
In trade tax terms the sole proprietorship is clearly ahead at small and medium profits: a €24,500 allowance and a credit that neutralises the entire tax up to a multiplier of 400 per cent. The GmbH scores where profits are meant to stay in the business or where liability questions dominate. Run both scenarios with your real figures and your real multiplier — the Trade Tax Calculator takes care of the arithmetic. The final decision belongs in a conversation with a tax adviser; this article is non-binding orientation.
