Intrapreneurship offers employees the opportunity to start their own project alongside their main job or to build a second income. But if you want to be self-employed on a part-time basis, you have to take a few things into account – legally, organizationally and financially.
Intrapreneurship in an employment relationship – what is allowed?
If you are an employee and want to start your own project alongside your main job, you are generally allowed to do so – provided certain requirements are met. According to Section 60 of the Commercial Code (HGB), it is crucial that part-time self-employment is not in direct competition with the employer. The performance in the main job must not suffer due to the side job.
As the Munich Chamber of Industry and Commerce emphasizes, setting up a part-time business is legally permissible if no legitimate interests of the employer are affected. The employer may not prohibit secondary employment across the board or arbitrarily. Nevertheless, caution is advised: many employment contracts include an obligation to report or approve secondary employment. Employees should definitely check these clauses before registering a side business. And vacation doesn’t offer any scope for a second full-time job – because according to Section 8 of the Federal Vacation Act, any employment that contradicts the recreational purpose of the vacation is prohibited.
Legal pitfalls: false self-employment and social security
A common mistake in intrapreneurship is the assumption that you can work independently for your own employer on the side – for example through a work contract or on a fee basis. But according to a ruling by the Federal Social Court (Az. B 12 R 1/11 R), this is only permissible if it actually involves a clearly defined, different activity. If this is not the case, the constellation will quickly be viewed as a “single employment relationship” – with the result that social security contributions will have to be paid.
False self-employment can also occur with external orders. The IHK Munich points out that there is a particular risk if those affected only work for one client, take on tasks similar to those in their main job or have no real self-determination over their time.
Another critical issue is insurance status. According to the Munich Chamber of Industry and Commerce, anyone who starts a part-time business should apply for a status determination from the health insurance company – especially if their self-employment increases significantly. If this is classified as a full-time job, additional contributions to health, nursing care and pension insurance may be due.
Organizational hurdles: registration, legal form & accounting
Before a part-time intrapreneurship can start, a few formalities must be clarified. According to the Munich Chamber of Industry and Commerce, it is mandatory to report the start of self-employment to the tax office electronically via the ELSTER portal within one month – by submitting the so-called “tax registration questionnaire”. Even those who already have an ELSTER certificate must actively take this step. Another important point is choosing the right legal form. According to the IHK, many founders choose a sole proprietorship or a GbR because these options are comparatively uncomplicated. If you want to limit liability, you can alternatively set up a limited liability company (UG). However, this requires more effort in accounting.
There are also a few things to consider from a tax perspective. The IHK recommends checking the so-called small business regulation if sales are low. Anyone who takes advantage of it does not have to declare sales tax – but cannot claim any input tax in return. Regardless of this, the profit from self-employment is subject to income tax. Experts recommend setting aside around 30 percent of your profits for tax payments in order to avoid unpleasant additional payments. In addition, the usual recording and bookkeeping obligations apply to all self-employed people – even for part-time jobs.
Financing options for intrapreneurs
Even those who remain employed must finance their part-time business – be it for software, material costs or initial marketing measures. According to Gründerplattform.de, many intrapreneurs initially rely on bootstrapping, i.e. financing with their own savings. This works particularly well for lean business models with low capital requirements, but brings with it the risk of losing personal money in the event of failure.
Support from Family & Friends is also popular. This form of financing usually offers favorable conditions – such as interest-free loans or investments. However, the founders’ platform warns: In the event of a conflict, more than just money can be lost, such as private relationships or family stability. Therefore, agreements should always be recorded in writing. Government-funded programs are available for larger amounts. As the start-up platform explains, part-time start-ups can also get access to promotional loans such as the “ERP start-up loan – start-up money” from KfW, provided they aspire to become self-employed full-time. The interest rates are often cheaper than with traditional bank loans.
There are also other options available: start-up scholarships such as EXIST or FLÜGGE support aspiring entrepreneurs with monthly grants – especially in the university environment. Crowdfunding campaigns, competitions or initial investor contacts through business plan awards can also be worthwhile ways for part-time founders to financially secure their project.
Editorial team finanzen.net