Employment of Family Members – Income Tax and Social Contributions

Author name: Admin Publication date: 2025-06-29 Article category: business and self-employment

 

Who is considered a relative (Angehöriger)?

  • Spouse

  • Children

  • Parents

  • Siblings

  • Second-degree relatives (grandparents, grandchildren, parents-in-law …)

1. Income Tax (Lohnsteuer)

Case Tax deducted? Notes
Official employment contract Yes Must register with the tax office (Finanzamt)
Without contract Not recognized Cannot deduct wages as business expense
Mini-job Tax exemption possible Must register with Minijob-Zentrale
 

Tip: Contract must clearly state salary, tasks, working hours. Otherwise, Finanzamt rejects deduction.

2. Social Security Contributions If the relative is genuinely employed with real wages:

Insurance Mandatory? Notes
Health insurance Yes Registration required
Pension insurance Yes Even for children
Unemployment insurance Usually Except mini-jobs
Nursing care insurance Yes Mandatory for all employees
 

Special cases:

  • Spouse: Can be employed with contract, treated as normal employee. Finanzamt checks strictly (real work, reasonable salary). If co-owner → considered partner, not employee → no social contributions.

  • Adult children: treated as normal employees, salary must be appropriate.

  • Minor children:

    • Over 13: only light work after school, per child labor law.

    • Under 13: completely prohibited.

3. Deducting wages as business expense

Condition Explanation
Written contract Includes salary, tasks, hours
Payment via bank account Transfer from company to employee account
Work actually performed Proof via timesheets or witnesses
Cash payment Not accepted (except very small amounts with documentation)
 

Example: Ali runs a small shop, employs his wife 20 hours/week for €800. Salary transferred to her account + official contract → deductible as expense + social contributions paid normally.

Administrative steps:

  • Register employee with Finanzamt (Lohnsteuer)

  • Register with social insurance (AOK/TK)

  • Create legal contract

  • Keep proof of monthly bank transfers

Common mistakes:

  • No contract → deduction rejected + back taxes

  • Unreasonable salary → Finanzamt considers hidden profit distribution

  • Cash payment without proof → possible tax evasion

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