deltrotter

Hi everyone

My first post here.

I have been offered a position at a Uni in the US. Unfortunately my wife and I have elderly parents and moving full-time to the US is therefore unlikely to happen.

The employer has stated that they can be flexible and that I can work in the US and the UK - probably on a 40% US / 60% UK basis (ie. 2 weeks every month in the US).

Ideally, I think, I would like to set up a UK company and invoice the US organisation quarterly and pay myself a salary from that and make contributions to a UK pension scheme - and be taxed in the UK.

Do members here think this is achievable from a Visa and Taxation point of view? Or have any other thoughts / suggestions.

The job is fantastic and me being in the US and UK won't hamper the work in any way....

Cheers

Del

Cook_County

What kind of US visa will you have?

deltrotter

Hi Cook_County

Sorry for my ignorance. I am starting this from scratch.

What type of visa would I need to fulfil the above?

Cheers

Del

mikelincs

Your employer would have to apply for a work visa for you, so you really have to ask them.

deltrotter

Thanks Mike

So, if I can get an appropriate Visa - any ideas on the tax issue?

Cheers

Del

mikelincs

Sorry, no, but others will be along.

deltrotter

Great, thank you.

tom169

I think regarding tax you would need to tread carefully to avoid being a tax resident of both countries and in your case only a resident of the UK.

deltrotter

Thanks Tom.

Maybe someone with a similar experience will share....

Cheers

Del

Cook_County

It depends on what kind of visa you will have. What has your employer offered?

deltrotter

Hi Cook_County

They haven't offered me a Visa yet. I have to decide whether I want to do the role on a part-time country basis.

To decide that, I have to know if it is workable. Hence posting here to see if anyone has any advice on whether it is workable/feasible.

Cheers

Del

GeneralPowerpoint

They're not really in a position to offer you a job or not unless they have a clear understanding what visa they would sponsor for you.

Whether you want to do the job is sort of irrelavent at this point, whether the US government will grant you a visa that allows you to do the job (part-time or otherwise) in the first place is more important.

Pulaski

To help us understand what you are proposing, and identify visa options, here are a few questions:

Hypothetically, if you were to take the job in the US full time, would this be a new job you are accepting or a transfer within your employer's organization?

Is your employer some type of educational, charitable, or research/scientific establishment?

Are you needed in the US primarily because you are a manager, or alternatively is it primarily because of your specialist technical knowledge of your employer's products and services, or internal systems and organization?

Is your employer based in the UK, and if so, are you a British citizen? If not (to both) is your employer based outside the US, and do you have the same nationality as the country where your employer is based?

deltrotter

Hi Pulaski

It is a new job for me and new employer. They are a private University.

I would be developing a new service for them - it could be argued that I have specialist technical knowledge. I would also be a leader of a team - but with a chief of staff who manages the day-to-day stuff while I am not there.

I am a British citizen (born and bred here). I would aim to set up a company in the UK and being a director and an employee of it, and then invoice the Uni for services provided.

Thanks for trying to figure it out - it is really appreciated!

Cheers

Del

Pulaski

OK, I believe that would make you eligible for an uncapped H-1B, so quite easy to get for an employer which is an educational establishment. Usually H-1B holders live in the US, but I don't believe that there is any requirement for them to do so.

The tax situation is going to be complicated, and if you are "working" in the US you will be required to pay US income tax and payroll taxes. Whether you can do this as a contractor, or it would be better to go "on the payroll", is a question likely beyond the scope of any advice you can get from this forum. Under the tax treaty you would get credit in the UK for taxes paid in the US.