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-   -   Regular self employed work in Switzerland as non resident - which permit? (https://www.englishforum.ch/permits-visas-government/296937-regular-self-employed-work-switzerland-non-resident-permit.html)

NJE 26.02.2020 11:05

Regular self employed work in Switzerland as non resident - which permit?
 
Hello,


At the moment I run a limited company in the UK providing services mainly there and in Germany (where I am resident), however I get more and more interest from clients in Switzerland who would like to book me. I am now wondering how I can legally to do. From what I understand I need to apply for a G permit, but do I have to do it before I set myself up in Switzerland as self employed or after? I cannot find the right information online. If I am on the wrong path all together, and need to look at other options I would be grateful for any suggestions.

Many thanks in advance.

Jim2007 26.02.2020 11:33

Re: Regular self employed work in Switzerland as non resident - which permit?
 
Quote:

Originally Posted by NJE (Post 3151437)
If I am on the wrong path all together, and need to look at other options I would be grateful for any suggestions.


Yes, you can't be self employed in a country and not resident. Under EU rules you can come to Switzerland for short periods to work for your company.

NJE 26.02.2020 12:34

Re: Regular self employed work in Switzerland as non resident - which permit?
 
Quote:

Originally Posted by Jim2007 (Post 3151449)
Yes, you can't be self employed in a country and not resident. Under EU rules you can come to Switzerland for short periods to work for your company.

It's confusing, as I found this on the KMU website:

'To become self-employed in Switzerland, cross-border workers must file an application for a cross-border work permit (Permit G) with the Cantonal Population Office. This permit allows workers to work in Switzerland and reside there on the condition that they return to their main place of residence at least once a week.'

Yes, I have previously used the short term notification option, however this is only for 90 days in a calendar year. However, my profession becomes more in demand, especially with the expats and the profession itself does not exist in Switzerland, so just my booking requests for this year already are over 90 days.

Medea Fleecestealer 26.02.2020 14:15

Re: Regular self employed work in Switzerland as non resident - which permit?
 
Talk to the cantonal migration office of the canton you would be resident in here in Switzerland.

https://www.sem.admin.ch/content/dam...zgaenger-e.pdf

Only they can tell you exactly. You'd also need to check the requirements for setting up a business here. Would it be a sole proprietor, GmbH, etc?

To be honest I'm not sure what you want to do is possible. The G permit is usually for those people crossing the border very regularly; how often would you be coming to Switzerland?

Island Monkey 26.02.2020 17:45

Re: Regular self employed work in Switzerland as non resident - which permit?
 
Why do you need to be self employed in Switzerland? You are working from and resident in Germany.... you clients are in Switzerland, but that doesn't mean your business has to have anything to do with Switzerland :confused: Surely you do the work in Germany and bill them from Germany?

Jim2007 26.02.2020 21:08

Re: Regular self employed work in Switzerland as non resident - which permit?
 
Quote:

Originally Posted by NJE (Post 3151491)
It's confusing, as I found this on the KMU website


You need to roll this back a bit... You and your company are two separate legal entities in the eyes of the law. From a legal point of view who is going to contract with the client - you or the company?


If the company is supplying the services, then you have no justification for claiming to be self-employed, since you are not doing the business in your own right.


And if you were to get a G type permit to be self-employed and crossing the border each day or so as required by the G permit then there may be other consequences in relation to you tax affairs in Germany and those of your company, since it is registered in the UK.


For instance, a one man company registered outside Switzerland, is considered Swiss resident, if the main shareholder is considered Swiss resident and a substantial part of it's business is conducted in Switzerland (I have had experience of this one).



I suggest you need to get this thing sorted out correctly from a legal point of view before you go any further.


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