I'm an EU citizen living in Berlin, and my partner is visiting me in few months. He wanted to stay for the full three months (as tourist) due to my depression. However, my partner only have one month of vacation, meaning he would have to work remotely for the last two months while here in Berlin.

He is an Argentinean full-time programmer in a non-EU company, so technically it is feasible, but would that work legally? The problem I can see is regarding taxation, but we wanted to know if there is any way to make it work.


1 Answer 1


I cannot see any rules by which your partner would become taxable in Germany in this situation.

The primary rule which applies here is: If you stay less than 183 days in Germany within either 12 months or a calendar year (this depends, but he will not reach either threshold) and you receive your salary from your "home" employer (which I understand is the case) you are not taxable in Germany.

As long as he sorts his visa I also cannot see anyone asking.

  • EStG section 49(1)(4)(a) says, according to Google Translate: "(1) Domestic income within the meaning of the limited income tax liability (§ 1 paragraph 4). 4. Income from employment (§ 19), which a) is or has been exercised or exploited domestically," Does that not include income from work he performs while in Germany? The law does not say anything about where the employer is located.
    – user102008

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