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Brexit/IR35 and Working Abroad

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    Brexit/IR35 and Working Abroad

    I have worked overseas in Europe for the last few years, contracting in the wind energy industry.

    I have operated from my Ltd company, and like a lot of contractors overseas have started to feel the pinch of this- with Work permits and no longer able to use my Ltd company. I can no longer use my Ltd now required to work under an umbrella company and to the hit financially is significant to me, with the incoming IR35 rules this will probably have an impact on future UK projects. I have also noticed that job advertisements I would typically go for overseas in Europe are stating 'EU nationals only'...so overall lots of positives

    Anyway, I am looking at ways around this so I can continue to operate with my own company freely in Europe like I was, and have considered moving abroad, considering I am only 'home' for one week a month. I know that moving will be more complicated now that we have left the EU.

    Has anyone else moved overseas because of the issues that Brexit/IR35 will bring as contractors?

    #2
    Hi Highlandox,

    I am in the same situation, living in London and working in EU using my ltd. When I was looking for new contracts in EU lot of agencies told me they are not working with Ltd anymore... I got a FTC contract in London until the situation is clear.

    Cheers

    Comment


      #3
      I'm currently working from home in the UK (ltd company), through a Dutch agency to a Danish consultancy for a Danish end client. Naturally I am outside IR35.
      Why would any of the entities I work through/to give a toss about IR35 and UK legislation should HMRC investigate and decide I'm inside IR35?
      Formerly Sausage Surprise but forgot password on account that had email address from old gig

      Comment


        #4
        Originally posted by Highlandox View Post
        I have worked overseas in Europe for the last few years, contracting in the wind energy industry.

        I have operated from my Ltd company, and like a lot of contractors overseas have started to feel the pinch of this- with Work permits and no longer able to use my Ltd company. I can no longer use my Ltd now required to work under an umbrella company and to the hit financially is significant to me, with the incoming IR35 rules this will probably have an impact on future UK projects. I have also noticed that job advertisements I would typically go for overseas in Europe are stating 'EU nationals only'...so overall lots of positives

        Anyway, I am looking at ways around this so I can continue to operate with my own company freely in Europe like I was, and have considered moving abroad, considering I am only 'home' for one week a month. I know that moving will be more complicated now that we have left the EU.

        Has anyone else moved overseas because of the issues that Brexit/IR35 will bring as contractors?
        Just move abroad

        Simple


        Sent from my iPhone using Contractor UK Forum

        Comment


          #5
          Originally posted by Highlandox View Post
          Anyway, I am looking at ways around this so I can continue to operate with my own company freely in Europe like I was
          If you are UK resident and perform your duties overseas, then you are still subject to UK tax, and the engagement is still within IR35 rules.
          If you are UK non-resident and perform your services overseas, then the IR35 legislation won’t apply because you are outside the scope of UK tax.

          So you must close your UK company and become ordinarily resident elsewhere.

          Comment


            #6
            Originally posted by Pragmatist View Post
            If you are UK resident and perform your duties overseas, then you are still subject to UK tax, and the engagement is still within IR35 rules.
            If you are UK non-resident and perform your services overseas, then the IR35 legislation won’t apply because you are outside the scope of UK tax.

            So you must close your UK company and become ordinarily resident elsewhere.
            is that so?
            or are you conflating US laws with the UK?
            Last edited by Lance; 9 February 2021, 13:54.
            See You Next Tuesday

            Comment


              #7
              Originally posted by Lance View Post
              is that so?
              or are you conflating US laws with the UK?
              Or Eritrean laws?*





              *They claim they don't any more but citizens claim otherwise.
              "You’re just a bad memory who doesn’t know when to go away" JR

              Comment


                #8
                You have to now be really careful about working abroad via a UK Ltd. The rules are absolutely insane.

                Comment


                  #9
                  Originally posted by Lance View Post
                  is that so?
                  or are you conflating US laws with the UK?
                  Unfortunately, Yes.
                  Does IR35 apply if I am working overseas or my client is overseas?.


                  Ireland are one of the few countries that don't seem to have this "EU Passport holders only" ban on UK contractors at the moment.
                  But there are very cagey about working with UK contractors now, in practice many are being refused despite perfect qualifications.
                  It's too risky to work with UK contractors now - I've even heard of people being turned away from Switzerland.


                  In practise, UK contractors are being blacklisted gradually.

                  * I should add that companies who do not have a UK presence do not seem to be bothered working with UK contractors.
                  Due to Brexit, the UK can no longer use the "Mutual Assistance Recovery Directive"
                  Last edited by Pragmatist; 10 February 2021, 22:24.

                  Comment


                    #10
                    Originally posted by Pragmatist View Post
                    Unfortunately, Yes.
                    Does IR35 apply if I am working overseas or my client is overseas?.


                    Ireland are one of the few countries that don't seem to have this "EU Passport holders only" ban on UK contractors at the moment.
                    But there are very cagey about working with UK contractors now, in practice many are being refused despite perfect qualifications.
                    It's too risky to work with UK contractors now - I've even heard of people being turned away from Switzerland.


                    In practise, UK contractors are being blacklisted gradually.

                    * I should add that companies who do not have a UK presence do not seem to be bothered working with UK contractors.
                    Due to Brexit, the UK can no longer use the "Mutual Assistance Recovery Directive"
                    All that sounds like an opinion to me. Do you have any evidence for UK contractors "being refused despite perfect qualifications" or "UK contractors are being blacklisted gradually"?

                    Comment

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