Germany–Switzerland
Topic 02 · Employees · Cross-Border Commuters · Working from HomeEmployment & Social Security Between Germany and Switzerland
If you live in Germany and work in Switzerland, work for a Swiss employer or regularly work in both countries, several sets of rules need to be coordinated: German income tax, the Germany–Switzerland tax treaty, Swiss withholding tax, cross-border commuter rules, actual workdays and social security. Tax and social security must be assessed separately.
Reviewed:
Overview
The Employer’s Country Alone Does Not Determine Taxation
For a German resident, employment income is generally subject to German income tax under domestic law. The Germany–Switzerland tax treaty then determines which country has the right to tax the particular employment activity.
A central question is therefore where the work is actually performed. Work in Switzerland, days spent working from home in Germany, business travel and work in other countries can have different tax consequences.
Article 15a of the treaty provides a special rule for cross-border commuters. The applicable social security system is determined separately.
Use the Treaty Rules Applicable to the Relevant Tax Year
The amending protocol signed on August 21, 2023 entered into force on November 27, 2025. Its employment-related changes generally apply from January 1, 2026. Earlier years require the earlier rules. This matters particularly for regular commuting and workday allocation.
Certain senior executives, board members and public-service employees require a separate analysis under Articles 15(4), 16 or 19, including any applicable priority of the commuter provisions.
This Topic from the Swiss Perspective
TaxRep Switzerland covers Swiss withholding tax, AHV coverage, employer obligations and cross-border employment from the Swiss tax perspective.
Approach
Four Areas Require Separate Assessment
A Swiss payslip or the description “cross-border commuter” does not fully answer the German tax questions. A systematic assessment of both tax and social security is needed.
- Residence and German tax status
- Actual workplace and allocation under the treaty
- Commuter status and withholding tax
- Independent determination of social security coverage
Residence
Where do you have a residence for tax purposes, and which country is your country of residence under the treaty?
Workplace
Where is the work actually performed on each individual workday?
Tax Treaty
Do the general employment provisions apply, or do the special cross-border commuter rules apply?
Social Security
Which social security system applies under the separate coordination rules?
Tax Commuter Status and Social Security Coverage Are Separate Questions
Being a cross-border commuter for tax purposes does not automatically determine which social security system applies. Both systems need to be assessed separately, particularly when working from home.
Situations
Typical Germany–Switzerland Employment Situations
These situation pages bring together the tax and social security issues relevant to each practical scenario. The articles below provide further detail on specific questions.
Cross-Border Commuter Living in Germany
Swiss employer, work in Switzerland, Article 15a of the treaty, withholding tax and German income tax.
Working from Home for a Swiss Employer
Swiss employment with regular workdays in Germany, allocation of employment income for tax purposes and social security.
Staying in Switzerland During the Working Week
German residence, accommodation in Switzerland, regular returns home, days without returning and treatment under the tax treaty.
Swiss Employer, German Residence
Workdays in Germany, working from home, withholding tax, payroll and employer obligations considered together.
Assignment from Switzerland to Germany
Temporary work in Germany, Article 15 of the treaty, the definition of the employer, wage tax and social security.
Working in Germany and Switzerland
Regular work in both countries, allocation of employment income, workdays and social security.
Cross-Border Commuters
The Special Rules under Article 15a
For German residents who regularly work in Switzerland and return to their home, the commuter provisions in Article 15a of the treaty may result in different tax treatment from the general employment provisions.
Two questions are particularly relevant: how employment income is taxed under Article 15a, and how days without returning home affect commuter status.
Germany Taxes the Salary; Switzerland May Withhold up to 4.5%
For a qualifying commuter resident in Germany, Germany taxes the employment income. Switzerland may levy withholding tax of no more than 4.5% of gross remuneration when the required residence certificate is supplied. The Swiss tax permitted under Article 15a is credited against German income tax. The 4.5% deduction is therefore not the employee's final overall income tax burden.
Provide the Swiss employer with the applicable residence certificate issued by the German tax office, generally Form Gre-1 or its renewal. Excess Swiss withholding is not automatically creditable in Germany; a Swiss correction or refund may be necessary.
Regular Commuting and Work-Related Non-Return Days
From 2026, protocol paragraph 5(b) defines regular return by reference to travel from the residence to the workplace and back on at least 20% of the agreed workdays in the calendar year. Occasional attendance in Switzerland does not automatically satisfy this test.
The separate non-return test must also be met. For full-year, full-time employment, commuter status is lost if work-related non-return days exceed 60. A lower threshold may apply to employment for only part of the year or part-time employment spread over fewer days. Private overnight stays are not qualifying work-related non-return days.
Keep a dated work and travel calendar, evidence of the professional reasons for overnight stays, and the relevant employer certificates, including Form Gre-3 where required. A Swiss G permit does not itself establish commuter status under the tax treaty.
Germany–Switzerland Cross-Border Commuter Taxation
Article 15a of the treaty, Germany’s taxing rights, Swiss withholding tax and its treatment in Germany.
Read article (in German)Days Without Returning Home
Work-related non-return days, documentation, annual limits and the consequences for Article 15a of the treaty.
Read article (in German)Swiss Withholding Tax and German Taxation
Swiss withholding tax forms part of the overall commuter tax assessment. The article on Article 15a explains how Swiss withholding tax and German income tax are coordinated.
Working from Home & Work in Several Countries
Working from Home: Tax Treatment, Workdays and Social Security
Working from home for a Swiss employer affects the place of work, taxation under the treaty, possible commuter status and social security. These issues need to be assessed together.
The calculation of the allocation of employment income is explained separately in the article on workdays in Germany and Switzerland.
First Determine Whether Article 15a Continues to Apply
A full day worked at the German residence is not a work-related non-return day under the consultation agreement of July 15/18, 2022. However, the separate regular-commuting requirement must still be met, including the 20% test applicable from 2026.
Where Article 15a applies, the salary remains taxable in Germany under the commuter regime; German home-working days do not create the ordinary Article 15 split between German and Swiss workdays.
Outside the Commuter Regime, Workday Allocation May Be Required
Under the ordinary Article 15 rules, remuneration for work physically performed in Germany generally remains taxable there. Switzerland may tax the remuneration attributable to Swiss work, subject to the treaty's conditions and any special provisions. Third-country work must be assessed separately.
From 2026, protocol paragraph 2 expressly requires allocation using actual workdays in the relevant period and an employer certificate of workdays and workplaces. A flat annual denominator of 240 workdays cannot simply replace the actual record.
Qualifying Swiss employment income may be exempt in Germany with progression under Article 24: the exempt income can increase the rate on other taxable income. Exemption is subject to the applicable treaty and domestic conditions, including the evidence required by section 50d(8) EStG that Swiss tax was paid or the taxing right waived.
Working from Home for a Swiss Employer
The overall situation involving work from home in Germany, work in Switzerland, the tax treaty and social security.
Explore situation (in German)Allocating Employment Income by Workdays
The allocation of remuneration according to where work is actually performed.
Read article (in German)Cross-Border Telework
The special social security arrangements for working from home across borders.
Read article (in German)Assess the Overall Working Arrangement
The situation page on working from home for a Swiss employer brings together tax treatment and social security. The workday article explains income allocation, while the telework article addresses the applicable social security arrangements.
Health Insurance
Check the Health Insurance Option Separately
When Swiss legislation applies, cross-border workers generally need Swiss health insurance. Eligible residents of Germany may instead exercise an option to be insured in their country of residence, subject to the applicable nationality and coverage rules.
An exemption from Swiss compulsory health insurance normally requires an application to the competent authority of the canton of employment within three months of starting work. Merely keeping a German policy is not a valid exercise of that option. Family coverage and access to healthcare also require review.
Swiss Employers
German Employer Obligations in Cross-Border Employment
Where an employee living in Germany works for a Swiss employer, German wage tax, social security and other employer obligations may become relevant alongside the employee’s personal income tax.
The situation page Swiss Employer, German Residence brings these issues together. The compliance section explains the related tax return requirements.
German income tax liability does not automatically mean that every Swiss employer must withhold German wage tax. Section 38 EStG requires a separate assessment, including a German establishment or permanent representative, commercial labour leasing, or a German host company that economically bears, or should bear, remuneration in an international assignment. Without wage withholding, the employee may still owe German advance payments and annual income tax.
If German social security legislation applies, a Swiss employer may have German registration and contribution obligations even without a German tax establishment. These obligations require their own review.
Swiss Employer, German Residence
Assess employment income, working from home, wage tax, social security and employer obligations together.
Explore situation (in German)The German Tax Return
Forms, supporting documents and reporting requirements for German tax compliance.
Explore complianceAssignments
Assignments from Switzerland to Germany
A temporary assignment from Switzerland to Germany can involve employment taxation, employer obligations, social security and the treatment of variable remuneration. These issues should be considered together.
For a Swiss treaty resident temporarily working in Germany, the Article 15(2) exception requires all three conditions: presence in Germany of no more than 183 days in the relevant calendar year, remuneration paid by or on behalf of an employer not resident in Germany, and remuneration not borne by the employer's German permanent establishment. The economic employer and cost allocation must be examined. A short assignment alone does not establish exemption.
A qualifying posting under Article 12 of Regulation 883/2004 can preserve the sending state's social security legislation for up to 24 months, subject to conditions including a continuing employment relationship and the rule against replacing another posted worker. The A1 certificate confirms the applicable social security legislation; it does not establish an income tax exemption.
Taxation During the Assignment
Article 15 of the treaty, the 183-day rule, the economic employer and German wage tax need to be assessed together.
Social Security
Temporary assignments, continuation of the existing social security system and the required certificates need a separate assessment.
Variable Remuneration
Bonus payments relating to work performed across different periods may require a separate analysis.
Residence During an Assignment
Questions about residence, dual residence and the centre of vital interests are covered in Residence & Relocation .
Tax Articles
Five Key Questions Explained in Detail
These articles explain specific tax and social security questions in greater detail and complement the practical situation pages.
Cross-Border Commuters: Taxation in Germany
Article 15a of the treaty, Swiss withholding tax and German income tax.
Read article (in German)Days Without Returning Home
Work-related non-return days, documentation and loss of treatment under the commuter provisions.
Read article (in German)German or Swiss Social Security?
The basic rules determining social security coverage in cross-border employment.
Read article (in German)Cross-Border Telework
Social security when working from home and application of the telework arrangements.
Read article (in German)Employment Income for Workdays in Both Countries
Allocation of remuneration according to actual workplaces and workdays.
Read article (in German)Where to Find Related Information
Tax treatment of work from home is covered on the home working situation page. Employer obligations are addressed in “Swiss Employer, German Residence”, Swiss withholding tax in the commuter article, and tax return documents in the compliance section.
Related Topics
Further Topics Relevant to Cross-Border Employment
Residence and Treaty Residence
Residence, dual residence, centre of vital interests and moving between Germany and Switzerland.
Residence & RelocationTax Returns and Supporting Documents
Swiss salary certificates, Form N-Gre where applicable, forms N/N-AUS, supporting evidence and tax reporting requirements.
Explore complianceDirectors and Swiss Companies
Company structures, shareholdings and questions concerning management.
Businesses & ShareholdingsAHV, Pension Funds and Future Benefits
The tax treatment of pension and other retirement benefits.
Pensions & Retirement BenefitsCase Law
Work-Related Non-Return Requires Evidence
In its judgment of April 9, 2026, VI R 31/24, the German Federal Fiscal Court considered whether returning home was impossible or unreasonable for professional reasons. It held that the individual circumstances mattered, including working hours and occupational requirements; distance alone did not decide the case.
The case concerned tax year 2019 and the earlier treaty version. It is relevant when reviewing earlier years. For 2026 onwards, the amended treaty and its protocol must be applied; the judgment does not override those new provisions.
Read BFH judgment VI R 31/24 (in German)Documentation
Build One Consistent Record for Tax and Social Security
Employment and Residence
Employment contract, assignment and home-working agreements, residence dates, available homes, nationality and employer details.
Work and Travel
Actual work locations, German telework, third-country business trips, overnight stays, return journeys and professional reasons for non-return, supported by employer confirmations.
Salary and Tax
Swiss salary certificate, payslips, residence and non-return certificates, withholding records, assessments, proof of payment and the earning periods of bonuses or other deferred remuneration.
Insurance Decisions
A1 certificates, telework or posting approvals, contribution records and any formal health insurance exemption. Review them when the working pattern changes.
Legal Framework
Primary Sources and Official Guidance
- Swiss Federal Tax Administration: Germany — treaty texts, consultation agreements and commuter forms.
- SIF: entry into force of the amending protocol — effective dates, including application from 2026.
- Swiss Federal Council: explanatory message on the protocol (PDF) — in particular workday allocation and the regular-commuting test.
- Consultation agreement of July 15/18, 2022 (PDF) — full days worked at the residence and non-return days.
- Baden-Württemberg tax authorities: cross-border commuters — German taxation, withholding credits, certificates and advance payments.
- Official telework framework and signatory states — English agreement, explanatory memorandum and participating countries.
- Swiss Federal Social Insurance Office: telework and DVKA: cross-border telework — thresholds, applications, A1 certificates and scope.
- Swiss Federal Office of Public Health: cross-border workers — health insurance obligations and the option procedure.
- Section 38 EStG and section 50d EStG — wage withholding and conditions for treaty exemption.
- BFH, April 9, 2026 – VI R 31/24 — professional reasons for non-return under the earlier treaty version.
Germany–Switzerland Tax Advice
Do You Live in Germany and Work in Switzerland?
We assess commuter status, actual workdays, working from home, Swiss withholding tax, work in several countries, social security and German taxation of employment income from the German tax perspective.
Have Your Employment Situation Reviewed
Social Security
German or Swiss Social Security?
Social security coverage does not automatically follow the allocation of taxing rights. Relevant factors include the country of employment, the country of residence, work in several countries, the extent of work from home and any temporary assignment.
Where the EU–Switzerland coordination rules apply, particularly to Swiss and EU nationals, Regulations (EC) 883/2004 and 987/2009 generally assign an employee to one country's legislation. Other nationalities require a separate check of personal scope and any applicable bilateral agreement. Residence in Germany alone does not make the EU–Switzerland rules applicable to everyone.
Germany and Switzerland have participated in the framework since July 1, 2023. It requires the agreement of employer and employee and an application; continuation of Swiss coverage is not automatic. Regular non-telework activity in Germany, habitual work in a third country or self-employment can put the arrangement outside its scope.
For Swiss coverage, the Swiss employer applies through its AHV compensation office using ALPS. Approval and the A1 certificate may cover up to three years, with renewal possible. The usual retrospective window under the framework is at most three months, subject to its conditions. The planned working pattern is generally assessed over the next twelve months.
German or Swiss Social Security?
The basic rules on coverage, work in several countries, A1 certificates and the country of residence.
Read article (in German)Telework: Strictly Less Than 50%
Cross-border work from home and the possible continuation of social security coverage in the employer’s country.
Read article (in German)Assess Tax and Social Security Thresholds Separately
Treaty provisions, commuter status, days without returning home and social security telework arrangements each follow their own rules.