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Old 07.07.2020, 07:52
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Workpermit for Homeoffice

Hello,
I have a work permit B, because I'm from EU (Czech Republic) and have unlimited conract here.

Now it seems that my employer allows me to work fully remotely(home office). I would like to use this oportunity for travaling and working as digital nomad.

Problem is that with work permit B is necessary to be 6 months in Switzerland physically.

I want to ask what for permit is best for my case?

Is it possible has work permit G, despite that CZ has not borders with Switzerland? I would not be problem that I would not travel to Swtizerland almost at all? and would be probably out of Europe? Taxes from which country I would have to eventually pay?

Thank you if anyone else has experience with it, it would be perfect to get some informations.

Thank you ver much
Jan
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Old 07.07.2020, 08:24
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Re: Workpermit for Homeoffice

Best is to check for double-taxation agreements between CZ and CH, for more information.


Also, be aware that if you have a Swiss contract and would come over occasionally to Switzerland for meetings, you will be taxable in CH from day 1.


And think of it from the perspective of the employer: why would he pay you a Swiss salary and not a Czech salary?
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Old 07.07.2020, 10:15
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Re: Workpermit for Homeoffice

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Hello,
I have a work permit B, because I'm from EU (Czech Republic) and have unlimited conract here.

Now it seems that my employer allows me to work fully remotely(home office). I would like to use this oportunity for travaling and working as digital nomad.

Problem is that with work permit B is necessary to be 6 months in Switzerland physically.

I want to ask what for permit is best for my case?

Is it possible has work permit G, despite that CZ has not borders with Switzerland? I would not be problem that I would not travel to Swtizerland almost at all? and would be probably out of Europe? Taxes from which country I would have to eventually pay?

Thank you if anyone else has experience with it, it would be perfect to get some informations.

Thank you ver much
Jan
The permit you already have. G permits are for cross border workers who come into Switzerland to work and return to their residence at least once a week. Doesn't fit the sort of situation you suggest. You either continue to be based in Switzerland (rent, insurance, taxes, etc) or you move somewhere else and your employer may well decide to offer you a new contract at a lower salary.
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Old 07.07.2020, 10:24
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Re: Workpermit for Homeoffice

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The permit you already have. G permits are for cross border workers who come into Switzerland to work and return to their residence at least once a week. Doesn't fit the sort of situation you suggest. You either continue to be based in Switzerland (rent, insurance, taxes, etc) or you move somewhere else and your employer may well decide to offer you a new contract at a lower salary.
This makes sense. The B permit ties you to your place of work and home. If you deregister your permit goes as well unless moving elsewhere in the canton.

If you keep your home, tv license, phone etc in Switzerland then you'll likely be ok. If not, then not.....
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Old 07.07.2020, 10:49
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Re: Workpermit for Homeoffice

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Also, be aware that if you have a Swiss contract and would come over occasionally to Switzerland for meetings, you will be taxable in CH from day 1.
Not true. Taxation is based on residency and double tax agreements. It is quite possible to have a Swiss employment contract and not be subject to Swiss income tax law.
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Old 07.07.2020, 11:12
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Re: Workpermit for Homeoffice

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Now it seems that my employer allows me to work fully remotely(home office). I would like to use this oportunity for travaling and working as digital nomad.
A couple of friends back in Ireland had the same idea, but it did not work out for them. After getting legal advice the employer would only allow home office within the jurisdiction of Ireland. The main reasons were data protection and the fact that it is difficult to take legal action against someone who is not resident anywhere.

So make sure you have the agreement of your employer before taking action.

Quote:
I want to ask what for permit is best for my case?
The entire FMOP is based on the assumption that you will be working in a specific country rather than moving around and most digital nomads are freelancers so the entire thing works because nobody checks, rather than it being supported by the system.
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Old 07.07.2020, 11:14
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Re: Workpermit for Homeoffice

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Not true. Taxation is based on residency and double tax agreements. It is quite possible to have a Swiss employment contract and not be subject to Swiss income tax law.

That's something different.
You'll be taxable for all the days you work in Switzerland, if you're employed with a Swiss company and work for them in Switzerland. That's an important consideration for the OP if he/she has occasional meetings here.
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Old 07.07.2020, 11:58
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Re: Workpermit for Homeoffice

While a great idea in theory - your employer would most likely not allow it.

Mine has specifically stated that you must be working from home in Switzerland and it is not possible to go back to your “home” country and work remotely.
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Old 07.07.2020, 14:39
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Re: Workpermit for Homeoffice

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That's something different.
You'll be taxable for all the days you work in Switzerland, if you're employed with a Swiss company and work for them in Switzerland. That's an important consideration for the OP if he/she has occasional meetings here.
AND if you meet the residence rules set out in the double tax treaty and agreed between the revenue authorities of both countries.
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Old 07.07.2020, 16:55
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Re: Workpermit for Homeoffice

It really depends on the employer. I know employers who do not allow, but also many employers that don't care where their employees are (though probably much less than the first category).

It is unlikely someone would be counting the exact number of days you spend in Switzerland but I would guess you would need to spend 6m+ in Switzerland in theory to keep your work-permit, unless your company is willing to change your contract - but this is a hassle for the company for many reasons.

Financially you are likely better-off to be Swiss tax resident unless you are in top 5% earners.

Either way I believe you are better-off having a proper legal advice than an occasional forum one for such an important decision....
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