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Old 19.03.2013, 12:41
BFP BFP is offline
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Owning a GmbH and leaving CH

Dear All,

I was wondering if you came across a similar situation, and could help me with your advice. The details:

- we are married couple from EU 8, both with B permit (not the dependent type)
- I am employed, my wife is working in a GmbH owned by us.
- I have an option to move to an EU country within Schengen zone, with the same employer I am working for now, with a local contract.

Question:
- how may we keep the GmbH in case I need to relocate, meaning likely to loose the permit B
- may I possibly keep residency in CH, but work abroad, in case my wife stays here running the GmbH?
- taxation: in case I keep my residency here (if I can keep it at all), but be out of CH for more than 183 days a year, where do I get taxed?
- what if both of us relocate --> how can we keep the company (as owners, employing someone) and what if we want to come back later working in our own GmbH

I am not sure whether this is the right forum, or should it rather be the business/entrepr thread.

Should you happen to know an expert in this field I would also highly appreciate if you could pm me contacts of pros in this field.

Thanks a lot,
Bfp
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Old 21.03.2013, 01:07
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Re: Owning a GmbH and leaving CH

Question:
- how may we keep the GmbH in case I need to relocate, meaning likely to loose the permit B
-> by giving someone who is resident in Switzerland signing authority for it, could e.g. be a lawyer or someone else you trust. If your wife stays here, it would suffice to give her sole signing authority, that's all which is required. There are no residency requirements for the owners of a GmbH.

- may I possibly keep residency in CH, but work abroad, in case my wife stays here running the GmbH?
-> would require some further details to answer the question, especially in order to understand why you'd want to keep residency here.

- taxation: in case I keep my residency here (if I can keep it at all), but be out of CH for more than 183 days a year, where do I get taxed?
-> would require some further details to answer the question

- what if both of us relocate --> how can we keep the company (as owners, employing someone) and what if we want to come back later working in our own GmbH
--> see above / isn't an issue

I would recommend you seek professional advise, those are topics one of gets wrong answers from laymen.. I could recommend a few attorneys in Zurich, feel free to send me a PM if that would fit your needs.
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