Once you leave Germany, you generally only pay tax here on German income, such as rent from a German property. For German nationals who move to a country with low taxes, the law has a special rule. It is meant to make leaving less attractive for a while. The good news: it only applies under clear conditions, and the most important of them is in your own hands.
This article explains extended limited tax liability in plain language. And it shows how to put your interests in Germany in order before the move, so that you can plan freely.
When the rule applies
The rule requires four things to come together (section 2 AStG). You are a German national and had unlimited tax liability in Germany for at least five of the last ten years. You have given up your home and habitual abode in Germany. You live in a country with low taxation or are resident nowhere. And you still have substantial economic interests in Germany.
If one of these points is missing, the normal taxation of German income applies. For non-Germans the rule does not apply at all, even after many years in Germany.
In short: the special rule only applies when all four points come together.
Which countries count as low-taxed
Low taxation exists in two cases. Either income tax in the destination country on a middle income is markedly lower than in Germany. Or the country offers newcomers a special regime with noticeably lower tax (as of 09/2026).
These special regimes can include Cypriot non-dom status, the Italian flat tax and the Greek flat-rate regime. Countries without income tax fall under it as well. You can show each year that your tax in the destination country reaches at least two thirds of the German tax. The rule then does not apply.
In short: a low tariff or a special regime counts, unless you pay at least two thirds of the German tax in the destination country.
Substantial interests: the lever in your hands
You have substantial economic interests if one of three points applies (as of 09/2026). You hold at least 1% of a German corporation or own a German business. Or your German income makes up more than 30% of your income or exceeds EUR 62,000 a year. Or your assets with German returns exceed 30% of your total assets or EUR 154,000 (section 2(3) AStG).
This is exactly where you have room to act. These thresholds can be shaped before the move:
- Shareholding: sell the German GmbH, move the business to your new home or restructure the holding.
- Income: invoice fees and royalties in future through your company at the new home or your LLC.
- Assets: hold balances and securities with foreign banks and issuers.
Each step has tax consequences of its own, such as exit taxation. That is why you work it through before the move.
In short: if you put your shareholdings, income and assets in Germany in order before the move, you stay outside the rule.
What is covered and what the treaty governs
If the rule applies, Germany covers all income that is not foreign income for up to ten years after the year of departure. Examples are interest from German banks or gains from small stakes in German companies. It only applies in years in which this income exceeds EUR 16,500 in total (section 2(1) AStG, as of 09/2026).
If there is a double taxation treaty with the destination country, it takes precedence. It assigns interest, capital gains and most business profits to the state of residence. Germany then mainly keeps real estate, a German permanent establishment and the capped withholding tax on dividends. More in Using double taxation treaties.
In short: the rule covers German income above EUR 16,500, and the treaty limits it further.
Location-independent or without income tax: with the US LLC
Many entrepreneurs live as perpetual travellers without a fixed residence or in a country without income tax on this income. For both models the US LLC is the right company. It is transparent for US income tax and usually pays no US income tax without US business activity (USA country page).
For German nationals, everything here also depends on substantial interests in Germany. If you put them in order before the move, the special rule does not concern you. Income from work you perform abroad is usually foreign income and therefore not covered by the rule. Plan any assignments you carry out during visits to Germany deliberately.
In short: with your German interests in order, the LLC fits location-independent living and countries without income tax well.
Our recommendation
For location-independent entrepreneurs we recommend the US LLC from €1,800. It fits especially well without a fixed tax residence or with residence in a country without income tax on this income. Put your interests in Germany in order first, and you plan without the special rule.
If you are planning an EU corporation: move your residence first, then incorporate. The residence models are listed under /residency, such as Cyprus with non-dom status, Italy or Greece with a flat tax and Bulgaria with 10% income tax (as of 09/2026). In Cyprus you then form a Ltd for €4,500 in the first year and €1,800 from the second (Cyprus country page).
The order is simple: asset overview, put German interests in order, calculate exit tax, move, incorporate. The steps to tick off are in the “Leaving Germany” checklist, and how the move itself succeeds is shown in Moving your residence properly. GCS coordinates the overview, the country comparison and the move of residence. The tax assessment is provided by the tax adviser you engage directly.