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Old 29.09.2019, 23:32
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IT freelancer already owning an EU private company

I consider moving to Switzerland for an IT contract but I'm kind of lost among the particularities of a non-EU country.
My company is registered in Romania. I've been using it for almost 4 years invoicing IT services in Romania and Belgium. I work myself as a company delegate wherever the ongoing contract mandates.
With these regards in mind my questions are:
1. Can I use my current company in the relation to Swiss customers, working from their offices (so moving to Switzerland )? Or I must register a Swiss company?
2. What kind of registration do I need to make at the local swiss authorities?
3. How long can I operate like this?
4. Beside the Romanian taxes what taxes am I required to pay in Switzerland?
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Old 30.09.2019, 08:56
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Re: IT freelancer already owning an EU private company

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With these regards in mind my questions are:
1. Can I use my current company in the relation to Swiss customers, working from their offices (so moving to Switzerland )?
No, you must be employed by a Swiss company. Many Agencies exist for this purpose, and some operators of Umbrella companies.
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Or I must register a Swiss company?
You can't. You're not resident here.
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2. What kind of registration do I need to make at the local swiss authorities?
3. How long can I operate like this?
4. Beside the Romanian taxes what taxes am I required to pay in Switzerland?
You need to be resident here to work here, with an appropriate permit that will need to be obtained by your Swiss employer, and you'll pay all your taxes here like any other Swiss resident.
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Old 30.09.2019, 11:19
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Re: IT freelancer already owning an EU private company

Romanians now have full free movement access to the EU so no problem in moving here and getting a permit. However, since you're only working for a single Swiss company you will be considered to be an employee of that company and not a freelancer.

There are some fact sheets here

https://www.sem.admin.ch/sem/en/home...actsheets.html

There's nothing to stop you setting up a new company here once you move to Switzerland, but you would probably need to have some other employers as well to qualify as a freelancer.

https://www.ch.ch/en/becoming-self-employed/
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Old 30.09.2019, 11:58
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Re: IT freelancer already owning an EU private company

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No, you must be employed by a Swiss company. Many Agencies exist for this purpose, and some operators of Umbrella companies.
You can't. You're not resident here.

You need to be resident here to work here, with an appropriate permit that will need to be obtained by your Swiss employer, and you'll pay all your taxes here like any other Swiss resident.
This is strictly not correct. An EU/EEA company can employ local staff and apply for the necessary permanents. The OP could also register a Swiss branch of his Romanian company and operate through that.
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Old 30.09.2019, 12:04
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Re: IT freelancer already owning an EU private company

OP, you need to provide more information about the nature of your business relations with the Swiss company. Are you building some kind of application for the company on contract or are you just doing development work as if you were an employee of the company? Will you be on sight most of the time or will you be making regular visits for some days per month?
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Old 30.09.2019, 18:18
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Re: IT freelancer already owning an EU private company

Usually these contracts are 'time and material' contracts, meaning I'm a hired resource outputting effort for the client needs. In most cases clients feel more secure and ask the development team members to be working 'in-house'.
For instance a bank wants to extend their trading platform with some new functionalities contracts me and after a technical interview my company and their company sign a contract to delegate me on their end for the next 6 months to carry development task under the guidance of the project manager.

I would be truly puzzled not to be able to export IT services and to have to register branches or even more idiotic to be asked to have multiple clients. For the latter one I would kindly invite the authorities to find me some more clients .
It is just like you could not contract a company to build you an office, you need to hire them .

Isn't my case similar to https://www.englishforum.ch/business...-question.html ?
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Old 01.10.2019, 07:12
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Re: IT freelancer already owning an EU private company

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I would be truly puzzled not to be able to export IT services and to have to register branches
It's fairly common. I know UK contractors working in other European countries, and generally you can't use your foreign based company.
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or even more idiotic to be asked to have multiple clients.
The multiple clients requirement is for freelancers/sole traders (and even then, it's not always a requirement), not limited companies. Some cantons allow single person ltd. companies to contract in the regular way. I'm not sure that all do - some may have other hoops that need to be jumped through.

Working remotely has no such problems.
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Old 01.10.2019, 16:46
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Re: IT freelancer already owning an EU private company

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It's fairly common. I know UK contractors working in other European countries, and generally you can't use your foreign based company.
You can't use it if you want to hire, rent offices and so on. But to have a delegate for a limited amount of time I really doubt you need to open a branch. As far as software development goes it is uncanny to open a branch to each customer country you work with.

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The multiple clients requirement is for freelancers/sole traders (and even then, it's not always a requirement), not limited companies. Some cantons allow single person ltd. companies to contract in the regular way. I'm not sure that all do - some may have other hoops that need to be jumped through.
I guess this doesn't apply to me at all since I don't own a company limited to one employee, but a 'normal' company that has this current situation of having one employee.

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Working remotely has no such problems.
I couldn't agree more. Project managers and other non technicals tend to run IT projects like a cotton sewing factory, putting in front false security issues.
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Old 01.10.2019, 21:15
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Re: IT freelancer already owning an EU private company

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But to have a delegate for a limited amount of time I really doubt you need to open a branch.
Feel free to prove me wrong and post here about it.

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I don't own a company limited to one employee, but a 'normal' company that has this current situation of having one employee.
By limited I meant "limited liability" - not "limited to one employee"! I hope you understand what limited liability means

Here, I'll clarify it for you:
Some cantons allow limited liability companies with just one employee to contract in the regular way. Others have restrictions or additional requirements.
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