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Old 17.08.2006, 00:30
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Contracting in England, family staying here

Just a quick question. I am an unemployed english man on the RAV, living in Switzerland with a B Permit for 5 Years from Sept 2004. If I go back to england to do some contact work, but my family stay here.
Will that cause any problems ?
Do we need to inform anybody over here ?

My wife currently does not work.

I know I wont be able to claim the RAV when my contract finishes.
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Old 17.08.2006, 08:55
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Re: Contracting in England, family staying here

Hello Crompo

My husband spent three years working under contract to a company here in France. For the first year he commuted,then we decided it would be best if we joined him. We wrote and explained the situation to the Fremdenpolizei (where you register) and they were fine about it. His contract is finishing now and we're returning.

Good luck
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Old 17.08.2006, 09:58
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Re: Contracting in England, family staying here

Quote:
Just a quick question. I am an unemployed english man on the RAV, living in Switzerland with a B Permit for 5 Years from Sept 2004. If I go back to england to do some contact work, but my family stay here.
Will that cause any problems ?
Do we need to inform anybody over here ?

My wife currently does not work.

I know I wont be able to claim the RAV when my contract finishes.
Your biggest headache might be the UK Inland Revenue - if you spend enough days of the year in the UK they'll deem you resident there and impose UK taxes.

If that happens you can't also be domiciled in Switzerland, so you would lose your 'B' permit. Since your wife isn't working (and I assume, not on the RAV either), her residence rights here would depend on being the spouse of a permit holder if I'm not mistaken.......


As for the RAV, as long as you were legally domiciled in CH and paying the taxes/AHV here, I can't see why you wouldn't be entitled to go back on it after your UK contract finishes given that you're getting it now.

It all depends how many days of the year that you'll be living in the UK. Theoretically you could spend only 4 nights a week there, which combined with the length of time you've already spent in Switzerland this tax year would likely see you OK until April.


Gav
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Old 17.08.2006, 10:14
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Re: Contracting in England, family staying here

ah, contract work, company, wife "works for the company" - talk to a UK accountant about that side of things.

Also as Gav mentioned, the "midnight" rule - you can be in the UK 183 "days" but IIRC these only count if you're there at midnight: http://www.hmrc.gov.uk/pdfs/ir20.htm
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Old 17.08.2006, 10:42
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Re: Contracting in England, family staying here

To be honest there is a very simple answer here. The length of time you will be out of the country is the determining factor for your permit and where you claim residency. Given that I do not expect you to live apart from your family ie you will regularly return the Swiss will have no hang ups as long as you declare the income.

The best way to actually resolve this issue is to set up a Swiss company and then work for that. You can then work anywhere in the world without any hang-ups. Furthermore, you can avoid some of the UK tax issues, claim back VAT on everything you spend in the UK, and if you are clever enough set-up an off-shore company to bill for the UK contract and then you pocket the difference free of tax. But that is another story and "out of scope".
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Old 17.08.2006, 10:59
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Re: Contracting in England, family staying here

Quote:
The best way to actually resolve this issue is to set up a Swiss company and then work for that. You can then work anywhere in the world without any hang-ups. Furthermore, you can avoid some of the UK tax issues, claim back VAT on everything you spend in the UK, and if you are clever enough set-up an off-shore company to bill for the UK contract and then you pocket the difference free of tax. But that is another story and "out of scope".
Many agencies in the UK these days refuse to deal with anything except a UK company. It's complete rubbish, and when you try to discuss it with them they say things like "It's our policy", "we've been told to do that by our lawyers", etc. When you ask them if they would refuse to deal with a German or French company and they repeat their policy, a good retort is to inform them that it is illegal to discrimate against a company from another EU state. Since the person/people at the agency are clueless this doesn't get very far. Usually the larger the agency the less likely they are to listen to a word you say anyway.

It's unfortunately a very "island orientated" way of looking at the contract market, but that's the way many of them are.

Just giving you the heads up in case you (the OP) run into this. You could explain that you are non-resident and that you live in Switzerland, but this may not help. Good luck!
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Old 17.08.2006, 12:17
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Re: Contracting in England, family staying here

Ok let me get this straight..

Ideally I would need to set up a swiss company..

But if the agency wont accept this, I will have to be a UK company ?

Does this mean if I do not spend more than 183 nights in england and regularly to switzerland and I declare my income here, that I should be still ok ? This is only a six months contract (or at most a year) and I want to work and live back in switzerland after this.

My main worry at the minute is not the amount of tax I have to pay, but that my family can keep living here, as my daughter is settled in the swiss school system. And also my wife will beat me sensless if I drag her back to england again.
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Old 17.08.2006, 12:24
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Re: Contracting in England, family staying here

Quote:
Ok let me get this straight..

Ideally I would need to set up a swiss company..

But if the agency wont accept this, I will have to be a UK company ?

Does this mean if I do not spend more than 183 nights in england and regularly to switzerland and I declare my income here, that I should be still ok ? This is only a six months contract (or at most a year) and I want to work and live back in switzerland after this.

My main worry at the minute is not the amount of tax I have to pay, but that my family can keep living here, as my daughter is settled in the swiss school system. And also my wife will beat me sensless if I drag her back to england again.
As long as you don't spend more than the allowed number of nights in the UK (which would make you UK domiciled according to the IR) and you keep paying your taxes and other required insurances in Switzerland, there will be no problem.

The thing to remember is that the Swiss just want you to pay taxes and keep your nose clean. They aren't going to care where your income is coming from as long as they get their share of it.

Gav
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Old 17.08.2006, 13:23
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Re: Contracting in England, family staying here

I probably should have mentioned that my husband owns a Swiss company. He was contracted through a UK based firm and seconded to France. The UK firm have no problems receiving and paying invoices from Switzerland.
As the previous poster said, the Swiss authorities are happy as long as you keep paying up!
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Old 09.10.2015, 13:46
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Re: Contracting in England, family staying here

Hi! I know this is a rather old post, but I am in the same situation at the moment (live in Switzerland with the family, offered a contract in the UK) and would be grateful if you could share your experience. How did it work out for you in the end? Did you do set up a Swiss company? Was it accepted by the agency/client in the UK? What about your residence/ domicile status? Taxes? Everything and anything you could share and advise on. Thank you

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Old 09.10.2015, 13:51
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Re: Contracting in England, family staying here

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Hi! I know this is a rather old post, but I am in the same situation at the moment (live in Switzerland with the family, offered a contract in the UK) and would be grateful if you could share your experience. How did it work out for you in the end? Did you do set up a Swiss company? Was it accepted by the agency/client in the UK? What about your residence/ domicile status? Taxes? Everything and anything you could share and advise on. Thank you

The first step to successfully apply would be by changing your location from Austria to Switzerland (upper left corner), the second step increase font size and finally to use search function
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Old 09.10.2015, 13:56
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Re: Contracting in England, family staying here

Thank you for your reply, jacek. You are right, I am currently in Austria, but soon relocating with the family to Switzerland. Didn't see the need for all these details. So, what about my original question do you have anything to share on that? Thank you
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Old 09.10.2015, 14:14
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Re: Contracting in England, family staying here

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Just a quick question. I am an unemployed english man on the RAV, living in Switzerland with a B Permit for 5 Years from Sept 2004. If I go back to england to do some contact work, but my family stay here.
Will that cause any problems ?
Do we need to inform anybody over here ?

My wife currently does not work.

I know I wont be able to claim the RAV when my contract finishes.
If your currently unemployed your in a rahmenfrist, if your rahmenfrist is still running & your still registered in CH you can still claim any unused days at the end of the contract. You need to be looking for a job for 3 months before it ends & show proof.

You will be dual resident & liable to tax in the UK, depending on how long you have been away.

Your connections with the UK will be as follows

40 days working in the UK YES

Accommodation available in the UK YES

Over 90 days in the UK in the previous 2 tax years MAYBE

Been tax resident in the last 3 years (Leaver) MAYBE

2 ties & a leaver UK tax resident after 91 nights in the UK during tax year
2 ties & beed away for 3 tax years UK tax resident after 121 nights in the UK

3 ties and a leaver 46 nights UK Resident
3 ties & been away 91 nights UK Resident
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