Reply to: Moving abroad - currently under IR35 and umbrella company

[sadkingbilly]

FFS. you can talk to as many people as you like, but if the client isn't happy for you to be based outside UK, it's a waste of time.
I'll give up now.

[northernladuk]

Thanks I will speak to umbrella first then. I am due to sign a contract renewal in next couple of weeks. If current umbrella company cannot accommodate abroad can I change to one that would?

It depends if the agent will work with the new umbrella. I have to say it's unlikely. Agents tend to have a preferred list that deal with due to getting kickbacks <cough> sorry, due to the ones they work through have passed rigourous onboarding and compliance checks. Not many agents will use just any umbrella.

One step at a time though. Don't get tied up in what ifs while you have an action plan. Check with brolly first and then discuss options if needed.

[contractingqueen]

Thanks I will speak to umbrella first then. I am due to sign a contract renewal in next couple of weeks. If current umbrella company cannot accommodate abroad can I change to one that would?

[Sue B]

Thank you! I definitely will do. Is umbrella company the first person to ask?

No problem. Probably best on my mobile 07506 983 033.

As the guys said, you will need to speak to the umbrella co first as they currently employ you. You will need to speak to the agency too, for them to discuss with the client as to whether this will work for them, as the client isn't asking you to relocate, its a personal choice, and they will have to consider the implications to them, and the delivery.

Edited to say, of course we can speak before you speak to anyone else, the advice is going to be generic, but for your own sanity, best to check with the relevant links in the supply chain that this is a possibility first.

[northernladuk]

Thank you! I definitely will do. Is umbrella company the first person to ask?

Yes as they are the ones that employ you, pay you and would have the biggest problem i.e. the tax and offshore payments. They also hold your contract so can check that.
The agent in the middle is unlikely to care and finally in the chain would be the client allowing you work offshore.

[contractingqueen]

Hi, Please do feel free to contact me once you have spoken to your brolly, I would be happy to have a chat.

Thank you! I definitely will do. Is umbrella company the first person to ask?

[sadkingbilly]

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?

well, I hoped you meant me, but didn't want to assume!

yeh, i did. - my DRAM's getting less Dynamic as the years go by

[Sue B]

ahh, now i remember.

well, I hoped you meant me, but didn't want to assume!

[sadkingbilly]

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?

Hi, Please do feel free to contact me once you have spoken to your brolly, I would be happy to have a chat.

ahh, now i remember.

[Sue B]

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

Hi, Please do feel free to contact me once you have spoken to your brolly, I would be happy to have a chat.

[dsc]

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?

Have you even mentioned that you are moving out of the UK to anyone at the current client co? Asking as they might be perfectly fine with you being fully remote whilst in the UK, but for example for security reasons they might be very against being fully remote outside of the UK. I'd check with the client first as they are the ones that effectively allow where you can be and do the work. I also presume the agency won't be uber happy about this, but their contract is with the client and the client might simply decide "thanks, bye" and there's not much the agency can say. Also, the client might actually be happy to engage you via an ltd outside of the UK, as it might be cheaper for them, so definitely mention this as well (I'm guessing they didn't want to engage with a UK based ltd due to IR35).

[Bluenose]

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.

[WTFH]

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.

[contractingqueen]

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

[sadkingbilly]

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?