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Which Tax Regime.


Mr Williams

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Hi

I have carried out a search in order to try to establish an answer to my question with no luck so here goes.

I have a limited company registered in UK.  I am a consultant professional and am working through a british employment agency.  However, I am actually working in France.  The company who I am consulting to have told me that because I am earning sterling which is being paid directly from them to the employment agency, then I simply pay my tax under UK laws.  However, after gleaning some information from this forum, I think this company is wrong.

I fly to UK every Friday and return each Monday and, my Paris address is in the name of the company I am contracted to.

 

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You are substantively working in France: ergo, you must be paid in France and taxed in France.

Additionally, you are liable to pay French cotisations.

Your employer, (your limited company since you are whilst a director - I assume -  you are also an employee), correctly, ought to establish a French based subsidiary company; etc.

Your own company should be paying you in France as  french employee.

As a consultant you can be working, very short term in France and employed in the UK; this is intended for "Flying Visits" only.

From what you say, you are actually working in France Monday through Friday.

Q E D you are working in France.

BTW: Are you hit by IR35 in the UK?

 

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It sounds as if this could be a 'temporary assignment' rather than a permanent arrangement. If so you should apply for E101 (or maybe worker's E106) form which will make your status legal, and you continue to pay tax and NI in Britain. Such an arrangement only lasts for a limited time (in the case of France up to two years).

Otherwise you could find yourself in a difficult position should you need medical attention.

Edit: I edited this post to add the last sentence, and found that it had posted seven times - the original, the edited, and five others, each with a bit more of my addition. Perhaps the moderators could remove the unwanted six?

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