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Moving abroad - currently under IR35 and umbrella company

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    Moving abroad - currently under IR35 and umbrella company

    I have been working for the same company for the past year - the contract is inside IR35 and I am paid via umbrella company. The contract has just been renewed for another year however later this year I am moving abroad to the EU. I have already spoken with an accountant in that country regarding how I can open a LTD company there and how to process tax as a tax resident there.

    My question is what do I do about my current contract? When I took it on I was told specifically it is an inside IR35 contract so I must be paid via umbrella company which I was ok with doing of course in this country. When I am no longer a tax resident in the UK, how do I approach this? Can I ask the agency to pay me directly so that I can sort my own taxes out in my new country of residence? I assume they will want me to continue paying employer NI - how would this work?
    is there a world in which they wouldn’t/ couldn’t pay me directly if the contract is specifically ‘inside IR35’?

    Thanks in advance

    #2
    Firstly you need to make sure that the client is happy with someone working from abroad.

    I wouldn't have thought they will change their method of engagement for one person but that is a secondary question.

    Comment


      #3
      Your contract is owned by the Umbrella. So if there is a client and an agent in the chain then it starts with the client->agent->umbrella-> you. So you have an employment contract with the umbrella but they own the contract with the agent. So your first port of call is your umbrella and see what issues they have with it, which I expect they will. Umbrella's tend to be a bodge it job with some form of employment just to get you paid. I doubt they are bothered about the complexity of inter country tax, same as when agents won't engage with non UK contractors directly.

      Speak to your umbrella first to see what they say about it.
      'CUK forum personality of 2011 - Winner - Yes really!!!!

      Comment


        #4
        Originally posted by SussexSeagull View Post
        Firstly you need to make sure that the client is happy with someone working from abroad.
        ^^^^^^^
        this, - before you waste time checking anything else.
        He who Hingeth aboot, Getteth Hee Haw. https://forums.contractoruk.com/core...ies/smokin.gif

        Comment


          #5
          The client itself is a global one with headquarters in the US. They have different subsectors in many countries the UK being one of them but I work fully remotely I don’t ever enter a UK office. My immediate team is dotted all over the globe.
          Could I continue to get paid as I am or is that not possible being abroad?

          Comment


            #6
            Originally posted by northernladuk View Post
            Your contract is owned by the Umbrella. So if there is a client and an agent in the chain then it starts with the client->agent->umbrella-> you. So you have an employment contract with the umbrella but they own the contract with the agent. So your first port of call is your umbrella and see what issues they have with it, which I expect they will. Umbrella's tend to be a bodge it job with some form of employment just to get you paid. I doubt they are bothered about the complexity of inter country tax, same as when agents won't engage with non UK contractors directly.

            Speak to your umbrella first to see what they say about it.
            If the umbrella company (which I selected myself- the client asked me to go find an umbrella company to work through and let the agency know) has a problem, what would be my next move? Thanks

            Comment


              #7
              Originally posted by contractingqueen View Post
              The client itself is a global one with headquarters in the US. They have different subsectors in many countries the UK being one of them but I work fully remotely I don’t ever enter a UK office. My immediate team is dotted all over the globe.
              Could I continue to get paid as I am or is that not possible being abroad?
              that will very much depend on the country you go to, and whether you're engaged through a local office of your client.
              You'd best chat with someone who specialises in EU tax and employment regs.
              There's someone on here who's highly recommended, but i forget who .
              perhaps someone can tell you?
              He who Hingeth aboot, Getteth Hee Haw. https://forums.contractoruk.com/core...ies/smokin.gif

              Comment


                #8
                Thanks for the advice so far. I will try and speak to my agency first to see if they have an idea. I think there is also a double taxation treaty with the country worst case scenario

                Comment


                  #9
                  Originally posted by contractingqueen View Post
                  The client itself is a global one with headquarters in the US. They have different subsectors in many countries the UK being one of them but I work fully remotely I don’t ever enter a UK office. My immediate team is dotted all over the globe.
                  That doesn't really answer the question, that just says that other people have agreed contracts and live in different locations. While the client may not have an issue with it, the contract was created when you lived in country A, where various work, tax and security rules may apply. If you move to country B, where different rules apply, then the contract needs to be legal for that country.
                  It's not enough to assume that because other people are already in country B, that their contract is identical to yours.
                  You might also find they turn round and say "you got paid x because that is the going rate we pay in country A. In country B the going rate we pay is y"
                  There are multiple factors. It was slightly easier about 10 years ago to move between 20+ countries, but you still need to confirm it with the client and not just assume they will be fine with it.
                  …Maybe we ain’t that young anymore

                  Comment


                    #10
                    Originally posted by contractingqueen View Post
                    I have been working for the same company for the past year - the contract is inside IR35 and I am paid via umbrella company. The contract has just been renewed for another year however later this year I am moving abroad to the EU. I have already spoken with an accountant in that country regarding how I can open a LTD company there and how to process tax as a tax resident there.

                    My question is what do I do about my current contract? When I took it on I was told specifically it is an inside IR35 contract so I must be paid via umbrella company which I was ok with doing of course in this country. When I am no longer a tax resident in the UK, how do I approach this? Can I ask the agency to pay me directly so that I can sort my own taxes out in my new country of residence? I assume they will want me to continue paying employer NI - how would this work?
                    is there a world in which they wouldn’t/ couldn’t pay me directly if the contract is specifically ‘inside IR35’?

                    Thanks in advance
                    Consider switching to full UK PAYE Umbrella and get an UK HMRC A1 certificate for 1 year on a 2 year renewal basis. Present this to ´ínsert EU country here´ immigration.

                    Move to EU and then log a P85 to get a HMRC NT Tax Code for the income tax. Register with ínsert EU country here´ tax authorities.

                    Continue to get paid into a UK bank account in sterling.

                    File a UK HMRC tax return and EU country tax return, claim dual income taxation relief.

                    Use a specialist in all cases for advice and the actual paperwork.

                    You will need a letter from your PAYE umbrella or your client to approve you to work in the EU.

                    Comment

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