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Live in Spain, work for UK remotely

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Old Aug 15th 2013 | 11:43 pm
  #76  
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Default Re: Live in Spain, work for UK remotely

Originally Posted by cricketman
Yes, in which case you should employ him and pay his social security contributions

My sister-in-law employs a nanny part time in Barcelona and must pay her social security contributions as it is regular work i.e. the same hours every week, and even though she is also employed part time at a local school
The link below, the final paragraph of number 1, it is normal according to this no ?

http://www.eurofound.europa.eu/compa...es0801019q.htm
 
Old Aug 15th 2013 | 11:47 pm
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Default Re: Live in Spain, work for UK remotely

Good point. Then from the Spanish point of view, Autonomo for one customer is legal.

Now, ball is passed to the UK side of the field. Do they have the same regulations in place?
 
Old Aug 15th 2013 | 11:49 pm
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Default Re: Live in Spain, work for UK remotely

Originally Posted by andyrich666
The link below, the final paragraph of number 1, it is normal according to this no ?

http://www.eurofound.europa.eu/compa...es0801019q.htm
Paragraph 1 sounds like a TRADE self-employment contract to me

The circumstance of my sister-in-law's nanny is that she is not self-employed but simply has two part time jobs
 
Old Aug 15th 2013 | 11:49 pm
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Default Re: Live in Spain, work for UK remotely

Originally Posted by Alicante17
Good point. Then from the Spanish point of view, Autonomo for one customer is legal.

Now, ball is passed to the UK side of the field. Do they have the same regulations in place?
In the UK there is no issues like the one you talk of (if that is what you are asking), take my Gardner example, its frowned up on by HMRC but it is totally legal
 
Old Aug 15th 2013 | 11:53 pm
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Default Re: Live in Spain, work for UK remotely

In other words, my employer will not be questioned and tortured to death by HMRC on the subject that "this guy works for you all the time, you have to get him on-board"?

Mitzyboy has another experience on that:

Some years ago I employed 2 owner drivers to work for us. They owned their own equipment. They worked for three years and we had an Inland revenue visit. HMRC advised us that they could not be self employed, because they worked only for us. That meant that HMRC went first to the drivers, and then when they couldnt pay, straight to us for the tax. Then a few weeks later the DHSS approached us and told us as we had paid the tax we now had to pay the NI, approximately £40k in total.
 
Old Aug 16th 2013 | 12:01 am
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Default Re: Live in Spain, work for UK remotely

Originally Posted by Alicante17
In other words, my employer will not be questioned and tortured to death by HMRC on the subject that "this guy works for you all the time, you have to get him on-board"?

Mitzyboy has another experience on that:
He took bad advice, and he admitted that, when I have chosen representation for a lawyer or a accountant, I think a blue chip company would work for a high paying client - But if your not high paying client then find one that likes a fight, one that can get his teeth into a problem, or if you don't know anyone then ask the blue chip company to recommend a smaller firm that will have access to them if required, they will have all started from somewhere and they all contact each other for advice.
 
Old Aug 16th 2013 | 12:22 am
  #82  
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Default Re: Live in Spain, work for UK remotely

As he wrote

When the DHS came to collect the NI, they asked us why we hadn't disputed the original tax .... because if we had, HMRC would have almost certainly halved it
Which means that something still should have been paid. And even he could somehow solve this situation without paying, this is not something I want my kind employer to experience.
 
Old Aug 16th 2013 | 12:31 am
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Default Re: Live in Spain, work for UK remotely

Originally Posted by Alicante17
As he wrote



Which means that something still should have been paid. And even he could somehow solve this situation without paying, this is not something I want my kind employer to experience.
I had a similar situation where I was self employed to one firm, a Car Hire company, the outcome was not the same, Accountant had no problem with it either.

But I think (from my view) it is better to be employed if that is the situation, it was not right for me to be treated this way.

Should it ever come top like Mitzy I would have no issues in explaining how that type of employment was enforced on me.
 
Old Aug 16th 2013 | 11:33 am
  #84  
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Default Re: Live in Spain, work for UK remotely

Originally Posted by andyrich666
He took bad advice, and he admitted that, when I have chosen representation for a lawyer or a accountant, I think a blue chip company would work for a high paying client - But if your not high paying client then find one that likes a fight, one that can get his teeth into a problem, or if you don't know anyone then ask the blue chip company to recommend a smaller firm that will have access to them if required, they will have all started from somewhere and they all contact each other for advice.
No .... we were liable for the charges from HMRC, there was no dispute on that. the master / slave relationship didnt work. The bad advice was on paying the total figure. We could have maybe halved it if we hadnt listened to our accountants
 
Old Aug 16th 2013 | 4:51 pm
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Default Re: Live in Spain, work for UK remotely

Originally Posted by Mitzyboy
No .... we were liable for the charges from HMRC, there was no dispute on that. the master / slave relationship didnt work. The bad advice was on paying the total figure. We could have maybe halved it if we hadnt listened to our accountants
I came close to this with a guy I employ on a "freelance" basis, fortunately when we were inspected we hadn't much work for him. The hmrc said we should set up separate agreements with the guy for each contract he worked on for us.
The UK Government, LA's etc employ hundreds of thousands of people on a contract basis, so perhaps the HMRC should look into stopping that and ensure that full taxes and NI are received.
 
Old Aug 27th 2013 | 4:06 am
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Default Re: Live in Spain, work for UK remotely

Very informative thread. I am thinking of setting up as autonomo and billing for services to 1 company in the UK. My major concern is that I need to include IRPF withholding on my invoices -at least that is the way I understand it. The final amount on the invoices are reduced, and the UK company pays the amount withheld to the Spanish tax office as withholding for the personal taxes I will pay to the Spanish tax office. If this is the case then the UK company has no means of paying the withholding amounts without being registered in Spain. Does anybody else out there shed some light on this aspect? Thanks!
 
Old Aug 27th 2013 | 4:16 am
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Default Re: Live in Spain, work for UK remotely

Originally Posted by steveinspain
Very informative thread. I am thinking of setting up as autonomo and billing for services to 1 company in the UK. My major concern is that I need to include IRPF withholding on my invoices -at least that is the way I understand it. The final amount on the invoices are reduced, and the UK company pays the amount withheld to the Spanish tax office as withholding for the personal taxes I will pay to the Spanish tax office. If this is the case then the UK company has no means of paying the withholding amounts without being registered in Spain. Does anybody else out there shed some light on this aspect? Thanks!
As Concierge for the Spanish section of BE I would like to say hello and welcome.

BE is a very large expat website, so if you have problems finding your way around we have concierges who will try to direct you. The moderators for the Spanish forums are Mitzyboy and Fred James, moderators are there to ensure that the site runs smoothly within the rules of BE. Problems and complaints should always be addressed to a moderador who will look into the matter and deal with it efficiently and fairly. Our members who post in the Spain Forums are friendly and helpful with a wealth of knowledge of the issues of living in Spain. At the top of the page you will find a quirkily named thread called Free Beer which is full of important and useful information. Hope you enjoy your time participating in the forums.

Please let me know if you need any further help.

Rosemary
 
Old Aug 27th 2013 | 8:09 pm
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Default Re: Live in Spain, work for UK remotely

Originally Posted by steveinspain
Very informative thread. I am thinking of setting up as autonomo and billing for services to 1 company in the UK. My major concern is that I need to include IRPF withholding on my invoices -at least that is the way I understand it. The final amount on the invoices are reduced, and the UK company pays the amount withheld to the Spanish tax office as withholding for the personal taxes I will pay to the Spanish tax office. If this is the case then the UK company has no means of paying the withholding amounts without being registered in Spain. Does anybody else out there shed some light on this aspect? Thanks!
It depends on what work you do

In my case, my work is consultancy so I do not need to add IVA or IRPF to my invoices to UK clients (or any other clients within the EU). However, I must make those adjustments on invoices to Spanish clients

Note that you are not really supposed to have only one client and be autonomo. However, the new TRADE contract gets arround that. As always, I recommend talking to an employment lawyer
 
Old Aug 28th 2013 | 3:54 am
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Default Re: Live in Spain, work for UK remotely

Originally Posted by steveinspain
Very informative thread. I am thinking of setting up as autonomo and billing for services to 1 company in the UK. My major concern is that I need to include IRPF withholding on my invoices -at least that is the way I understand it. The final amount on the invoices are reduced, and the UK company pays the amount withheld to the Spanish tax office as withholding for the personal taxes I will pay to the Spanish tax office. If this is the case then the UK company has no means of paying the withholding amounts without being registered in Spain. Does anybody else out there shed some light on this aspect? Thanks!
It is the other way around, when you make payments to a non Spanish resident you may be required to withhold and pay over Spanish taxes to the Hacienda. A UK payer would not deduct Spanish taxes when making payments to you, that would be mayhem.

It is common practice to state on invoices for international services that amounts charged are net of any taxes.
 
Old Mar 31st 2014 | 3:41 am
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Default Re: Live in Spain, work for UK remotely

Hi

Has anyone managed to get to the situation where if you are working in Spain for a uk company, the uk company can pay directly into spanish social security without the need for a spanish presence or me being self employed (autonomo)

Thanks
 


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