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Old 30.04.2015, 08:19
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Advice on taking Swiss job to Ireland

Hello,

I've been working in Switzerland for eight years and I'm currently negotiating with my company to move home to Ireland and to take my job with me in a 100% capacity. My company has never had to deal with this situation before. Does anyone know about the legal standpoint of the various options (consultant vs setting up my own company vs a Swiss contract). Are all viable options, or are any not allowed under Swiss or even Irish/EU law?

Kind regards,
dedoc_99
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Old 30.04.2015, 08:30
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Re: Advice on taking Swiss job to Ireland

If the company has a branch in Ireland you can be paid by them. Otherwise, best bet is to set up a ltd co. and work as a contractor. The rate will need to cover holiday pay,(potential) sick pay, insurances, employers social contributions, and risk (you're now easier to get rid of). Depending on Irish law, you might also try self-employment, but since a company isn't expensive to set up, I can't see the point.

Assuming you don't visit Switzerland often enough to become resident, you'll pay all your tax in Ireland.
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Old 30.04.2015, 13:49
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Re: Advice on taking Swiss job to Ireland

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If the company has a branch in Ireland you can be paid by them. Otherwise, best bet is to set up a ltd co. and work as a contractor.
No, not given Irish tax and social security law. This should be the last option.
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Old 30.04.2015, 18:47
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Re: Advice on taking Swiss job to Ireland

This is great advice, thanks. My firm doesn't have a branch in Ireland and doesn't want to register as an employer there, so I'm thinking the Swiss contract would be the easiest option, but is it true that Swiss law has a time limit on such contracts? That they can't extend beyond, perhaps, one or two years? Regarding becoming a contractor, Switzerland also seems to have a rule that a contractor can't work 100% for a single firm (probably to protect the worker from exploitation), but I'm not sure if this stands in Ireland. I think Irish contractors/consultants can work exclusively for one employer as long as they are open to work from others.

If anyone has experience with a similar issue, I'd love to hear how you handled the situation.
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Old 24.08.2015, 18:05
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Re: Advice on taking Swiss job to Ireland

Hi, I'm in exactly the same situation at the moment. I've just moved home and trying to sort out employment from Zurich. I only wish to register the company as an employer, my daily duties would not mean that any business is actually generated in Ireland. I'm a media consultant and my clients are based everywhere (except here).

From what I can tell there are two options to registering as an employee:

A) Fill out the TR2 and 12A forms and say 10 hail mary's
B) Pay through the nose for a tax consultant to tell you to do the same (but of course also give valuable insight on risk) I could handle paying my PAYE etc through the online Revenue Online Services myself, so no need for payroll imho.

Problem is of course my potential employer does not want to go with option B, which I can understand as the consultancy I contacted is looking for thousands, actually most of the ones I've contacted are.

So then there is option A, but of course, with it comes the uncertainty that Mr Taxman comes poking around and I have not completed the procedure correctly meaning my company is fined...

@dedoc_99, did you get sorted out in the end? Jim2007, you seem to be very knowledgable on the topic, any info would be really appreciated, thanks!!
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Old 24.08.2015, 23:15
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Re: Advice on taking Swiss job to Ireland

Hi Maire,

I'm sorted and home about six weeks now. I signed a Swiss contract with Swiss conditions (but wages deducted according a cost of living index and an exchange rate metric), and I'm working from home. My accountant at home registered the firm as an employer in Ireland, and will do a salary payment service for the firm on my behalf each month. It charges for the below (which my company pays for):

Based on a monthly pay run, the service would be 600 plus VAT per annum, which includes:
(a) Registering employer for PAYE/PRSI in Ireland
(b) Registering me as an employee of employer with Revenue
(c) Monthly payroll processing
(d) Annual P.35 return
After 1 year, the fee would reduce to 400 plus VAT per annum.

This is what we worked out. Was it the right decision? I don't know. If you need any more particulars, let me know.
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