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Old 12.10.2007, 16:33
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US with-holding tax

Hi,
I need some advice on the following issue.
Up until 2 years ago I was a vat registered / schedule D / sole-trader UK tax payer.
Then I relocated to Geneva where I set up and became an administrator in a new S.A.
In Geneva I was an employee and an Administrateur in the company.
That work has since finished and I am now no longer an employee of this company, though I am still an administrateur.
I have returned to my former line of work and I have accepted a 6 month contract as a technician for a job that involves me working in a variety of countries around the world. This would normally be as a sole trader (self employed)
I have just spent 2 months in the UK and now I will be in California for 2 months.
The contractor has just informed me that I am not covered under article 14 and that they are obliged to register me as an employee in the states and I will be liable to 30% with-holding tax.
They tell me that I will be issued with a tax credit.
I have no choice in the matter but I'm not sure whether I should claim the with holding tax back through the swiss system or the UK system.
I have very little experience with the swiss tax system and I am not registered as self employed in Switzerland.
I have no ties with the UK any more apart from going back to do a little work occasionally and still being vat registered.

So my question is. If I do have to pay with holding tax , which country should I claim the refund through ?
thanks
roamer
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Old 12.10.2007, 16:54
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Re: US with-holding tax

Hi Roamer,

I'm by no means a tax expert... however... I do have some experience with CA.

I found this link from USSC which gives you a overview of the situation. If they have to declare you as a employee, then it looks like the info here will apply. You will have to apply to the state, the Feds and probably both to get the maximum back.

Here's a start:
http://finaff.ucsc.edu/ap/guide/apgt1cConsult.htm

I looked for US witholding tax for consultants

I'd check if you can avoid being declared an employee by the US company.

fyi: the HR department of the company might be able to help you with the paperwork and procedures for filing and claiming

Good luck,
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Old 12.10.2007, 17:24
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Re: US with-holding tax

Hi Milagro.
Thanks for the advice.
cheers
Roamer
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