An overview of the regulations on artist social insurance: polemic about the KSK

Recently, web designers have been allowed into the artists' social insurance. But while they are happy, their clients are annoyed - because they now have to pay tribute to the artists' social insurance. An overview of the regulations.

No reason to polemic

This is understandable, but by no means a reason to become polemical and to immediately evoke Germany's downfall, a huge wave of bankruptcies or other mischief. I have a particularly plemic one Article take a close look at the topic and comment on it accordingly (bold and italic between the text).

It remains doubtful that these measures are decisive and have a positive effect, because the compulsory payment alone (5,5% of the calculated Costs) to the artists' social security fund for entrepreneurs negative affect. Because it is also possible for 5 years retrospectively.

KSK: Active since 25 years

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In fact, artists' social contributions have been a regular in many areas since 25 years. I do not know that the charges would have been overly negative. Artists and publicists are doing well: they may go to the Künstlersozialkasse, where the clients contribute to the contributions to the health and pension insurance.

Even if there has been a lot of displeasure with KSK lately, especially smaller ones Companys who can still hardly pay social security contributions for PR or web design, for example: The KSK is only fair.

Because many companies benefit from it, employees on a large scale Style to outsource and work more cost-effectively with freelancers.

Many professions can not benefit

On the other hand, it is less fair that this regulation only affects artists and publicists. Because there are professional groups such as fee teachers who even have to take out pension insurance themselves.

Therefore, it is good that in the meantime thinking about a protection for other self-employed, in which also the clients are involved. Especially in the professional group fee teachers would bring many benefits and eliminate injustices.

Since 7.7.05 a judgment of the Bundessozialgericht has been handed down.

“A company which a Society under civil law regularly entrusted with the production and maintenance of a website for the purpose of self-promotion and public relations, is subject to the fee paid for it according to the KSVG.

tax liability

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The obligation to pay can be raised by the artist's social security fund “retrospectively for 5 years”. This is interesting, however, because web designers themselves have to prove that they are mainly active in order to be accepted into the KSK. This results in an obvious discrepancy in handling.

Entrepreneurs will therefore be even more reluctant to do so. The unemployed or small businesses, which are most web design companies, with such Tasks to supervise. Because it means that web designers are also artists within the meaning of the KSVG and therefore there is a tax obligation for the design of a website.

Who is the KSK accepting?

That, in turn, should be left open and is not a substantiated statement! The KSK, on ​​the other hand, generally does not accept traders because they are not artistically active ... And nice that unemployed people are thrown together with existing companies / (nothing else are small traders) ...

It also states that the clients' websites are generally to be attributed to advertising and public relations work. For this reason, the degree of creative freedom in their creation should not matter. It is just as irrelevant if the contractor has no artistic Vocational Training, for example as a graphic designer.

If the Contractor is not a member of the KSK?

Completely detached from this is the fact whether or not the contractor is a member of the Künstlersozialkasse. Even if the contractor is not a member of the KSK, the 5,5% must be paid. It is therefore a coercive measure, similar to the IHK contributions, which are currently being criticized and reviewed in the EU.

Here again the contradiction mentioned above can be seen: Web designers have to prove their artistic activity ... For web designers who are not artistic, there should be no levy. It remains to be seen whether this is actually a coercive measure.

Dare more freedom?

The Angela Merkel saying "we want to dare more freedom" to inaugurate as Chancellor is being countered again and no one is in sight to change the laws in order to finally be able to take off. "YOU are Germany" - will soon be called "I am not Germany - because I am not stupid".

If you want to do something, you don't need to change the law at all: It only says that artists are included in the artists' social security system. Who then counts as an artist that decide various court decisions such as the one mentioned above. And there is a contradiction that anyone who wants to can take legal action against. Conclusion everyone can do something. As always, it just takes some time and effort.

Step into the bankruptcy?

There will be even more bankruptcies, companies will increasingly move to other countries as clients and without orders, the masses of I-AGs, especially those of web designers, will have to follow this trend - slide into bankruptcy. Who is supposed to hire unemployed people? Who still has a safe one Workplace?

Since when have freelancers/ commercial web designers a secure job? And why is it now so polemical and irrelevant? One gets the impression that the author wanted to vent personal anger... completely far-fetched. Especially since the artists' social security for many small self-employed people is a good and cheap one Insurance represents and saves one or the other from bankruptcy!

Are craftsmen too?

It is to be expected that soon a painter will be artistically classified and thus the federal budget with 5,5% of its contract sum in addition to the previous taxes sponsored. The examples of similar professions is infinite or what is the difference of advertising for one's own purposes when the next hairdresser creatively dyes the hair?

Painters and hairdressers are primarily regarded as craftsmen, where the non-artistic Performance is in the foreground. There are also judgments.

A step closer to the abyss

An artistic achievement of a painter in the sense of the KSK would be if he would design each wall individually. But this is not usually the case as with a hairdresser, who also conjures a special hairstyle, but which does not constitute the main component of his activity. This means that the social insurance for artists is not possible at all.

Germany is a little bit closer to the abyss – a few steps still and that was it.

Who feels threatened, is to blame itself!

Hardly by this rule!) Who feels threatened by it is your own fault. However, such poorly researched and polemic contributions unnecessarily stir up trouble where there is no reason to get angry. If you read something like that, then please be critical. And do not take it too seriously!

Qellen to the text: BUNDESSOCIALGERICHT Judgment of the 7.7.2005, B 3 KR 29 / 04 Rhier of the Senate to the obligation to submit to the Kunstersozialkasse.

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