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Old 26.02.2018, 16:18
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Swiss contract but living abroad

Dear all,

Is it possible to have a swiss contract but to live in another EU country?
Or is mandatory to live in Switzerland, or at least have a address (for taxes purposes)?

Thanks you in advance,
Nupe
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  #2  
Old 26.02.2018, 16:23
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Re: Swiss contract but living abroad

Possible and happens a lot.
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Old 26.02.2018, 16:29
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Re: Swiss contract but living abroad

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Possible and happens a lot.
Dear EdwinNL,

Thank you for the reply.

So if you know some cases, do you know how it works concerning the contract, if it is necessary a Permit or not for this situation, and if there is a minimum days to be in Switzerland (legal requirements?) or other specific requirement?

As I am going to a interview this topic will be discussed and i would like to be prepared.

Thanks in advance,
Nupe
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Old 26.02.2018, 16:51
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Re: Swiss contract but living abroad

Check this link

https://www.sem.admin.ch/sem/en/home...g_eu_efta.html
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Old 26.02.2018, 19:16
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Re: Swiss contract but living abroad

Where are you working? In the Swiss office or at home?
If you are working in the Swiss office you need a G permit.
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Old 26.02.2018, 19:41
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Re: Swiss contract but living abroad

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Where are you working? In the Swiss office or at home?
If you are working in the Swiss office you need a G permit.
Hi miniMia.

I´ll be working at home, at Portugal but under a possible Swiss contract; is it feasible?

Thanks,
Nupe
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Old 26.02.2018, 19:46
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Re: Swiss contract but living abroad

Why would you need a Swiss permit? You're not going to be living here so simply doesn't apply. Permits are only for people living in Switzerland.

Are you sure the company isn't expecting you to move here though?
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Old 26.02.2018, 19:54
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Re: Swiss contract but living abroad

Hi Medea,

That´s my question;in order to have a swiss contract with a swiss salary if I need to have a Permit or is not required.
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Old 26.02.2018, 20:07
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Re: Swiss contract but living abroad

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Hi miniMia.

I´ll be working at home, at Portugal but under a possible Swiss contract; is it feasible?

Thanks,
Nupe
you will be taxable in Portugal as this is the country where you will be working. as you have a Swiss contract, you will have to deal with double taxation. this might be complicated so look for more professional advice.
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Old 26.02.2018, 20:12
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Re: Swiss contract but living abroad

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Hi Medea,

That´s my question;in order to have a swiss contract with a swiss salary if I need to have a Permit or is not required.
No. But k_and_e's advice about double taxation needs to be explored further before you decide to take the job if you get offered it.
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Old 26.02.2018, 20:15
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Re: Swiss contract but living abroad

But I´ll be working for the swiss company (traveling abroad and doing homeworking) and be paid as that; the only issue is that the contract will be Swiss but will be based at Portugal.

So I will do no work at Portugal for the company; will be only physical location where I´ll be based.
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Old 26.02.2018, 20:18
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Re: Swiss contract but living abroad

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But I´ll be working for the swiss company (traveling abroad and doing homeworking) and be paid as that; the only issue is that the contract will be Swiss but will be based at Portugal.

So I will do no work at Portugal for the company; will be only physical location where I´ll be based.
some contradictions here.

I would really look for advice.
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Old 26.02.2018, 20:21
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Re: Swiss contract but living abroad

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Hi Medea,

That´s my question;in order to have a swiss contract with a swiss salary if I need to have a Permit or is not required.
Is it possible that you can give more information? If you are hired as an employee in Switzerland on a Swiss contract it has to follow Swiss law and you will need a work permit (and everything else that comes with that). Simple.

But if this is doable while living in Portugal I don't know as I would find it hard to recognize you as a "cross-border commuter" since you will never be in Switzerland. In the link I posted earlier, it does mention defined "border zones" where you should live which are unlikely to include Portugal. So a permit G is probably not for you.

If you are hired as an external contractor with your own company by the Swiss company, I don't know the rules. But you will still have to pay social contributions and tax in Switzerland I think. So likely there are some requirements here as well regarding permission to operate in Switzerland regardless of where you are when you solve your tasks.

If you are hired by a subsidiary of the Swiss company in Portugal then you won't need a permit (but then I don't see the reason why they would offer you a Swiss salary).
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Old 26.02.2018, 20:30
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Re: Swiss contract but living abroad

No, he doesn't. Permits are ONLY for people who live and/or work in Switzerland. The OP isn't going to be doing that. No permit is needed.

And please read the link you posted.

"Cross-border commuters from EU-27/EFTA member states are granted professional and geographical mobility. No border zones exist for them anymore. These persons may live anywhere in the EU-27/EFTA region and work anywhere in Switzerland provided that they return to their place of residence abroad once a week."

But since he isn't working in Switzerland at all no permit is needed so the link is irrelevant in this situation.
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Old 26.02.2018, 20:39
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Re: Swiss contract but living abroad

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No, he doesn't. Permits are ONLY for people who live and/or work in Switzerland. The OP isn't going to be doing that. No permit is needed.

And please read the link you posted.

"Cross-border commuters from EU-27/EFTA member states are granted professional and geographical mobility. No border zones exist for them anymore. These persons may live anywhere in the EU-27/EFTA region and work anywhere in Switzerland provided that they return to their place of residence abroad once a week."

But since he isn't working in Switzerland at all no permit is needed so the link is irrelevant in this situation.
Well, by accident I jumped to the same page but for Non-EU persons So I agree with you regarding the G permit is feasible.

However, I disagree with your conclusion that he does not work in Switzerland. If the contract is an employee contract with a Swiss company he will be working in Switzerland regardless of whether that work is solved in Switzerland, Portugal or on the Moon. However, if his contract is with a Portuguese subsidiary, then he would not need a permit. And I do not know the rules if OP is a one man company hired by a Swiss company.
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Old 26.02.2018, 20:45
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Re: Swiss contract but living abroad

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Hi miniMia.

I´ll be working at home, at Portugal but under a possible Swiss contract; is it feasible?

Thanks,
Nupe
If you search this site there are people who ask if it it's possible to live in Switzerland and work remotely for a company not based in Switzerland. The answer is yes.

I also know of individuals in Argentina, Canada and Ireland who have worked remotely as full time employees of Swiss companies. It's all perfectly possible.

How tax and social contributions work depends on where you live (are resident/tax resident, bearing in mind that you can be resident for tax purposes in multiple countires) and the nature of the work agreement.
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Old 26.02.2018, 20:47
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Re: Swiss contract but living abroad

Sigh, no he won't. Just because he has a Swiss employer doesn't mean he's working in Switzerland. Again Swiss permits are ONLY for people who live and/or work here. The OP is doing neither.

The G (cross border) permit is irrelevant since he doesn't need one.
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Old 26.02.2018, 21:01
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Re: Swiss contract but living abroad

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Hi miniMia.

I´ll be working at home, at Portugal but under a possible Swiss contract; is it feasible?

Thanks,
Nupe
No. You do not need a permit as you will not be working IN Switzerland.

It's perfectly feasible to have a Swiss contract and live abroad. When have several employees like this, including one in Portugal.

I can see no reason you would be double taxed.

Perhaps k_and_e can explain.

You will have to figure out your taxes and contribution for Portugal and how it should be handled.
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Old 26.02.2018, 21:20
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Re: Swiss contract but living abroad

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No. You do not need a permit as you will not be working IN Switzerland.

It's perfectly feasible to have a Swiss contract and live abroad. When have several employees like this, including one in Portugal.

I can see no reason you would be double taxed.

Perhaps k_and_e can explain.

You will have to figure out your taxes and contribution for Portugal and how it should be handled.
do you mean to say that you have one employee in Portugal, on the Swiss payroll and social deductions and taxes withheld - and also that the OP has to figure out Portugese taxes and contributions himself?

that is basically what I meant with double taxation.

edit: there is actually an agreement between Switzerland and Portugal to prevent double taxation: https://www.estv.admin.ch/estv/de/ho.../portugal.html
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Old 26.02.2018, 22:24
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Re: Swiss contract but living abroad

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do you mean to say that you have one employee in Portugal, on the Swiss payroll and social deductions and taxes withheld - and also that the OP has to figure out Portugese taxes and contributions himself?

that is basically what I meant with double taxation.
No. As when it is the other way around, the employer pays the employee gross, and the employer pays the country of residency's tax and social. Including employers contribution.

Or the worker sets up a limited company in the country of residency, that the worker owns, and the employer pays the ltd.co. gross, and the ltd. co. is then responsible for the employee's tax/social.

Or the worker sets him/herself up as a sole trader/self-employed, is paid gross by the employer and the worker is responsible for tax/social deductions.
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