Oct 1, 2012 06:24
11 yrs ago
3 viewers *
German term

nicht selbständig

German to English Law/Patents Law: Taxation & Customs Court appeal / income tax matter
Tax payer is appealing his notice of assessment.

I always translate this as "employment" as opposed to "self-employment". For example: Einkommen aus nicht-selbständiger Arbeit" as "income from gainful employment". I'm just not convinced by "non-self-employment". But I just wonder if it should be incorporated in some form in this case, as it is repeated several times, such as

Der Kläger ist nichtselbständig tätiger Koch.

Der Kl. bezieht als Koch Einkünfte aus nichtselbständiger Arbeit.

Any suggestions / views will be greatly appreciated as always.

Discussion

Elizabeth Kelly (asker) Oct 3, 2012:
I'm sorry Lis! I would have loved to split the points between you and Ramey but that option is still not available :(
Ramey Rieger (X) Oct 1, 2012:
you got it!
Entry text
Elizabeth Kelly (asker) Oct 1, 2012:
Sorry Alison Your post just appeared when I sent mine. So if you are all bothered by the "gainful" part, I can just go with "employed" or "in employment". What I am trying to avoid here is the "NON" (NICHT) part. And we all seem to agree that it is unnecessary.
Elizabeth Kelly (asker) Oct 1, 2012:
Thanks Ramey That's exactly my thinking. I just wanted to see if anyone could come up with a reason why I should not simplify it. Just to be sure :)
Alison MacG Oct 1, 2012:
agree with writeaway and phil (& Ramey) re gainful Gainful on its own is not sufficient to distinguish between salaried, etc. employment and self-employment. See these UK documents, for example:
Gainful employment
15010 Both employed earners and self-employed earners must be in gainful employment.
15011 An employment should be regarded as gainful if a person is
1. engaged in it with a desire, hope and intention of obtaining remuneration or profit in return for services or efforts or
2. is in fact paid for the services performed, whether or not there was any desire, hope or intention of obtaining remuneration.
http://www.dwp.gov.uk/docs/dmgch15.pdf
and http://www.dwp.gov.uk/docs/uc-draft-regs-2012.pdf (Ch 2 Earned income 57. Gainful self-employment)
Definitions explained
Gainful Employment and Gainfully Employed
Working for at least 16 hours per week under a contract of employment and receiving a salary or wage.
Gainful Self Employment and Gainfully Self Employed
Working for profit for at least 16 hours per week (either alone or with others) and being liable to pay Income Tax and National Insurance Contributions.
http://www.legalandgeneral.com/library/protection/technical-...
Ramey Rieger (X) Oct 1, 2012:
Hi Elizabeth I'd keep it simple, too. On US and German tax forms either you're employed or self-employed. We are ALL gainfully employed as long as we're making money, the only difference I can see is the "self", which is clarifying in it's "self"(employed) or not. This guy is NOT. He's, or she's, merely employed or salaried.
Elizabeth Kelly (asker) Oct 1, 2012:
@phil and writeaway .. yes, but for tax purposes the Irish Revenue, for instance, distinguishes between income from employment or self-employment. I am just trying not to make it more complicated than it needs to be, at the same time ensuring that I do not leave out an important detail. So, do you think it might be misunderstood if it's left as just "employed as"? Thanks for all the input so far!
Lis Liesicke Oct 1, 2012:
yes too
Ramey Rieger (X) Oct 1, 2012:
Yes but you can variate on the theme.
Elizabeth Kelly (asker) Oct 1, 2012:
Thanks Lis and Ramey and peers... .. so you all agree that I should stick with the "gainful employment" option rather than highlighting the "NON"-self-employment part, right?

Proposed translations

16 mins
Selected

employed/permanently appointed/salaried

Perhaps use diverse terms?

The plaintiff is employed as a cook.
The plaintiff is a salaried cook.
The plaintiff receives his/her income from his/her permanent appointment as a cook

You could through "professional" in there, too
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thanks everyone who contributed. I just felt most comfortable using this option and not over-complicating things. "
+3
14 mins

gainfully employed

the defendant is a gainfully employed chef / cook
or
is a contractually employed chef/cook

I think you can turn this around and there are enough examples of defendants being gainfully employed in the web
Peer comment(s):

agree Steffen Walter
31 mins
Thanks Steffen
agree PoveyTrans (X)
49 mins
Thanks Simon
agree philgoddard : I disagree withg your first suggestion though. I'm a freelance, and I'm gainfully employed!
6 hrs
Thanks philgoddard - I was following Elizabeth's use of Einkommen aus nicht-selbständiger Arbeit" as "income from gainful employment" - that's why I also offered contractually employed
Something went wrong...
-1
3 hrs

Not independently

Imho

--------------------------------------------------
Note added at 3 hrs (2012-10-01 10:22:29 GMT)
--------------------------------------------------

It is better to define this wod to be" self-employed"
Peer comment(s):

disagree Cetacea : "not independently" makes absolutely no sense in a tax context.
8 hrs
As you say so!
Something went wrong...
+3
5 hrs

having the status of an employee

(This is how the lawyers would express it. Longer, but still concise.)

--------------------------------------------------
Note added at 5 hrs (2012-10-01 11:38:14 GMT)
--------------------------------------------------

This carries the message of "as a matter of law, not self-employed".

--------------------------------------------------
Note added at 5 hrs (2012-10-01 11:40:26 GMT)
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For example: Airline baggage return agents classify themselves as self-employed, to try to claim tax benefits, e.g. for pension contributions, but under the law they are employees.
Peer comment(s):

agree writeaway : one can be gainfully employed as a self-employed person.
25 mins
agree Sabine Akabayov, PhD
6 hrs
agree Cetacea
7 hrs
Something went wrong...
1 day 4 hrs

not self-employed


"Der Kläger ist nichtselbständig tätiger Koch" would be "The plaintiff is not a self-employed cook"



"Der Kl. bezieht als Koch Einkünfte aus nichtselbständiger Arbeit" would be


"The plaintiff receives a salary as a cook and is not self-employed"

or

"The plaintiff is employed as a cook and is not self-employed"
Example sentence:

The plaintiff is employed as a cook and is not self-employed.

Something went wrong...
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