Go Back   English Forum Switzerland > Living in Switzerland > Business & entrepreneur
Reply
 
Thread Tools Display Modes
  #1  
Old 29.01.2015, 23:09
iik iik is offline
Newbie
 
Join Date: Jul 2014
Location: Zurich
Posts: 7
Groaned at 0 Times in 0 Posts
Thanked 4 Times in 1 Post
iik has no particular reputation at present
Starting CH work: as EU company, invoicing CH company

Hello fellow forum members !

I have read through quite a few threads, but could not find exactly my situation, so dare to ask one more time.

Has anybody come across a set up of working with a Swiss company through own consulting company, residing in an EU country?

My status is the following - I am sole owner of a consulting company in EU country, and there is a Swiss company that wants to use my services. If there is a company-to-company contract (for example, for consulting services), fees are paid to a company account outside of Switzerland, taxes are paid by a receiving consulting company, services are delivered partially in Switzerland, partially remotely, there seems to be no need to obtain a work permit and somehow register in Switzerland.

Does the above make sense or am I missing something? Are there any additional requirements, restrictions in this arrangement?

Thanks a lot in advance for your input!
Reply With Quote
  #2  
Old 29.01.2015, 23:27
Junior Member
 
Join Date: Oct 2014
Location: Aargau
Posts: 37
Groaned at 0 Times in 0 Posts
Thanked 24 Times in 14 Posts
The ScottiCH One has earned some respectThe ScottiCH One has earned some respect
Re: Starting CH work: as EU company, invoicing CH company

I'm no expert but would this cover your scenario?

https://www.bfm.admin.ch/bfm/en/home...verfahren.html

Under certain conditions EU-27/EFTA Citizens taking up employment or providing services in Switzerland and workers of other nationalities posted to Switzerland by EU-27/EFTA companies do not need a work permit but can instead benefit from an online registration procedure. The exact preconditions for this procedure depend upon the nationality of the worker and/or the location of the sending company and can be found below:
Conditions for nationals of the EU-25/EFTA, taking up employment in Switzerland, providing services in Switzerland on self-employed basis or companies based in these countries posting workers to Switzerland.
The registration procedure applies to employment in Switzerland lasting up to 3 months per calendar year and must take place before a person actually starts to work for the Swiss employer.

Self-employed service providers can use the registration procedure for up to 90 individual working days per calendar year. The registration has to take place at least 8 days before taking up work in Switzerland. No registration is required for work lasting no more than 8 days per calendar year except for construction, hospitality, cleaning and security services as well as itinerant workers (including itinerant traders, door-to-door salesmen, market-traders, stall-keepers, circus and fairground workers) and erotic services where the registration 8 days in advance is always compulsory.

Companies posting workers to Switzerland can use the registration procedure for up to 90 individual working days per company and calendar year. The registration has to take place at least 8 days before taking up work in Switzerland. No registration is required for work lasting no more than 8 days per calendar year except for construction, hospitality, cleaning and security services as well as itinerant workers (including itinerant traders, door-to-door salesmen, market-traders, stall-keepers, circus and fairground workers) where the registration 8 days in advance is always compulsory. Croatian nationals as well as third country nationals can be posted using the registration procedure if they are directly employed by the sending company and have held a valid EU-25/EFTA work permit for at least 12 months. Only a company's own employees can be posted, not temporary workers hired from an agency.
Reply With Quote
  #3  
Old 29.01.2015, 23:30
Forum Veteran
 
Join Date: Oct 2014
Location: Lausanne
Posts: 717
Groaned at 11 Times in 9 Posts
Thanked 326 Times in 228 Posts
Tinkiwinki has earned some respectTinkiwinki has earned some respect
it depends. most of what you want to do is correct except that if you do work in Switzerland you do need a permit for that. Each entity outside Switzerland may apply for the 90 day rule in which you need to register every day that you plan to work in Switzerland to a maximum of 90 days per year. Everything more requires a permit (there are several types of that). If you plan to spend more than (I think) 180 days in Switzerland you will have to start paying taxes etc. Maybe someone on the forum can confirm the number of days.

good luck with your venture.

I see parallel posting. The Scottich one is posting about the 90 days. That works fine and is a good start to find out if your business is really working here

Last edited by 3Wishes; 30.01.2015 at 14:50. Reason: merging successive posts
Reply With Quote
  #4  
Old 30.01.2015, 00:16
iik iik is offline
Newbie
 
Join Date: Jul 2014
Location: Zurich
Posts: 7
Groaned at 0 Times in 0 Posts
Thanked 4 Times in 1 Post
iik has no particular reputation at present
Thank you, ScottiCH One!

Your quote makes good sense, although, I am not sure all rules apply in my case. Will have to verify that. As my work does not require to be always present in Switzerland and can be done also remotely (internet and social media), I guess, I will have to make sure that I do not reside in Switzerland more than 90 days during a given calendar year. This should potentially solve the issue, given that each time electronic registration is done.

One element that still stays unclear, is that even if I work for a Swiss client, I am legally not employed in Switzerland, but continue to be employed by a company outside Switzerland. And the company does not post me to Switzerland, but rather provides services to a Swiss client.

Also, due to border free travel within EU (Schengen) and virtual nature of services, it will be impossible to identify where the services are provided from, whether from Switzerland or outside.

Thank you, Tinkiwinki!

Looks like the 90-day rule, online registration procedure and physical presence in Switzerland during service provision are key elements to be considered.

In general, sounds like such schema should work.

Last edited by 3Wishes; 30.01.2015 at 14:50. Reason: merging successive posts
Reply With Quote
  #5  
Old 30.01.2015, 00:23
marton's Avatar
Forum Legend
 
Join Date: May 2008
Location: Zürich
Posts: 7,520
Groaned at 164 Times in 139 Posts
Thanked 8,542 Times in 4,680 Posts
marton has a reputation beyond reputemarton has a reputation beyond reputemarton has a reputation beyond reputemarton has a reputation beyond reputemarton has a reputation beyond reputemarton has a reputation beyond repute
Re: Starting CH work: as EU company, invoicing CH company

Quote:
View Post
Thank you, ScottiCH One!

Your quote makes good sense, although, I am not sure all rules apply in my case. Will have to verify that. As my work does not require to be always present in Switzerland and can be done also remotely (internet and social media), I guess, I will have to make sure that I do not reside in Switzerland more than 90 days during a given calendar year. This should potentially solve the issue, given that each time electronic registration is done.

One element that still stays unclear, is that even if I work for a Swiss client, I am legally not employed in Switzerland, but continue to be employed by a company outside Switzerland. And the company does not post me to Switzerland, but rather provides services to a Swiss client.

Also, due to border free travel within EU (Schengen) and virtual nature of services, it will be impossible to identify where the services are provided from, whether from Switzerland or outside.
About " it will be impossible to identify where the services are provided from" assuming you do not stay in a hotel where you need to show your passport and so be entered into the system
Reply With Quote
  #6  
Old 30.01.2015, 00:27
Forum Veteran
 
Join Date: Oct 2014
Location: Lausanne
Posts: 717
Groaned at 11 Times in 9 Posts
Thanked 326 Times in 228 Posts
Tinkiwinki has earned some respectTinkiwinki has earned some respect
Re: Starting CH work: as EU company, invoicing CH company

you might be checked. though I only heard it on building sites, there are officials that visit the site and check all employees on their permits. never seen one in an office
Reply With Quote
  #7  
Old 30.01.2015, 00:33
marton's Avatar
Forum Legend
 
Join Date: May 2008
Location: Zürich
Posts: 7,520
Groaned at 164 Times in 139 Posts
Thanked 8,542 Times in 4,680 Posts
marton has a reputation beyond reputemarton has a reputation beyond reputemarton has a reputation beyond reputemarton has a reputation beyond reputemarton has a reputation beyond reputemarton has a reputation beyond repute
Re: Starting CH work: as EU company, invoicing CH company

Quote:
View Post
you might be checked. though I only heard it on building sites, there are officials that visit the site and check all employees on their permits. never seen one in an office
Happens in offices too; do some Google searching and see some large Swiss companies got into trouble
Reply With Quote
  #8  
Old 30.01.2015, 01:21
iik iik is offline
Newbie
 
Join Date: Jul 2014
Location: Zurich
Posts: 7
Groaned at 0 Times in 0 Posts
Thanked 4 Times in 1 Post
iik has no particular reputation at present
Re: Starting CH work: as EU company, invoicing CH company

Quote:
View Post
About " it will be impossible to identify where the services are provided from" assuming you do not stay in a hotel where you need to show your passport and so be entered into the system
Yes, BIG BROTHER is watching you! Thank you, marton!
Reply With Quote
Reply




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Starting CH work: as non-EU company, invoicing the Swiss company amici Business & entrepreneur 7 08.10.2013 17:04
Starting company in Switzerland as EU citizen mulsanne Business & entrepreneur 4 27.02.2013 17:41
If a foreign company wants to employ a L permit EU citizen in CH nmpribeiro Employment 1 01.08.2012 01:01
need a CH based web development company to support small but growing company Jaro Other/general 4 02.09.2011 15:51
Offer service in CH as French company doomnezeu Business & entrepreneur 0 09.03.2010 00:12


All times are GMT +2. The time now is 14:33.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2016, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0