2 week contract from the UK (invoice)

3 posts in this topic

Hello to my favorite forum! 

I have been searching for information but I'm starting to getting worried. 

This is the scenario: 

 

I'm a spanish guy that has been living and working in Germany as a normal employee since september 2018. I'm an aircraft mechanic. 

Now, I quit my job a couple of months ago because a company from the UK made me a job offer. 

 

This is a recruitment company and they don't have the AUG license ( Arbeitnehmerüberlassungsgesetz ). So they have an umbrella company that makes the payroll services for them. 

 

Here is the thing, they want me to sign a 2 week contract but they are making me an invoice. I have to pay taxes (HI, etc, etc) by my own and  200 euros-fee service. And then, the principal company will give me a permanent contract. 

 

 I do not have the the  Freiberuflich  or the Gewerbetreibende ID. 

 

I've been calling to the Finanzamt Hamburg but this topic it's a little bit schwer" for them. I am no longer in Hamburg. 

 

Now my question is, Can I work as a freelancer in Germany without being registered as a freelancer? Can I pay taxes by myself as my ex company did? 

 

I don't want to be a freelancer but this company is not giving me a second option. I'm married and I really don't want to mess with German Taxes as my German is not so good. 

 

 I will be more than happy to read your comments. I wish you all a great week. 

 

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Sadly, this is a fairly common scenario from UK staffing companies that assume they can do business as usual (i.e. the UK way) even when they are placing individuals in other countries. 

I would suggest the first thing for you to do is find out who the "umbrella company" is. If it is a proper German set-up, then they will have an AUG, and you will be their employee on a short fixed-term contract. Sadly, lots of these companies are fly-by-night merchants, who will take any risk, for a cut of the margin. They might be intending to treat you as a "freiberufler", but without knowing/caring that you are already in the German tax system. 

Whilst you can expect a fee from a proper AUG holding entity, they should be able to advise you on your tax status, and confirm that they will make tax deductions and also deal with health insurance issues on your behalf. If they cannot satisfy you on all of those points do not deal with them!

Instead, speak directly with the company which is going to be hiring you. Let them know that you want to work with them, but that the staffing agency is not offering you a compliant solution. 

 

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2 hours ago, mizzrawr said:

I have to pay taxes (HI, etc, etc) by my own and  200 euros-fee service. And then, the principal company will give me a permanent contract.

 

DJStanners says it more knowledgeably. But this sounds so utterly dodgy my instincts would say "Finger weg". You already have the German Finanzamt failing to answer your questions. The Brits will have no clue about what happens to a Spanish guy in the German system. Getting answers will be difficult and if you do, how will you know the information is correct?

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