Relocating another EU country while being employed by a German Company

9 posts in this topic

Hello,

 

I am a non-EU citizen married to an EU citizen. I am employed and my partner is not. 

 

I am wondering can I relocate to another EU country by being employed with my current German employer? If it's possible, is there a maximum duration?

 

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If your partner goes with you, there shouldn't be any problem. Your rights to live and work in the EU are derived from your partner's status.

 

If your partner chose to remain here, your employer would have to jump through the usual bureaucratic hoops to get you a work permit there.

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Thanks for the reply. Yes, my partner will move with me, so I am not worried about my working permit.

 

I am worried about how should I pay tax. I will be working for a German company but live in another EU. 

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I've done some research on this topic, but haven't found anything useful.

As far as I understand, if you stay in a country for more than 183 days, you have to pay taxes to that country. In my case, this doesn't make much sense because I want to protect my German employee and my job. It does not seem possible for my employee to pay taxes to another EU country where I will not pay tax to Germany and will live.

One way to do this could be to freelance. In this case, I will lose the benefits of working for a company.

I'm a little helpless. I'm not sure anyone is struggling with this issue.

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My guess is that there will be an agreement on the avoidance of double taxation ("Doppelbesteuerungsabkommen") in place between Germany and your new country of residence. Look it up. Most likely it will stipulate that income derived from German sources ( like your salary) will be taxable in Germany, even if you don't spend a single day there.

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40 minutes ago, jeba said:

 Most likely it will stipulate that income derived from German sources ( like your salary) will be taxable in Germany, even if you don't spend a single day there.

That seems wrong. There are agreements for cross-border workers, but it sounds like (s)he will be working at home and so that wouldn't apply.

 

There are a whole load of other problems with this. For example, which country's employment laws would apply? Your German employer isn't going to want to have to deal with that, unless they already have a subsidary in that country that could employ you.  

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3 hours ago, nanay said:

I've done some research on this topic, but haven't found anything useful.

As far as I understand, if you stay in a country for more than 183 days, you have to pay taxes to that country. In my case, this doesn't make much sense because I want to protect my German employee and my job. It does not seem possible for my employee to pay taxes to another EU country where I will not pay tax to Germany and will live.

One way to do this could be to freelance. In this case, I will lose the benefits of working for a company.

I'm a little helpless. I'm not sure anyone is struggling with this issue.

 

I did look into this myself a couple of years ago when my boss moved and found some people who were in a similar situation.  From what I was told, your employer has to pay your taxes and social contributions where you live.  Your employer may have to get the help from an accountant in your new country to help him figure that out.  In one case the employer was not willing to figure this out and was simply giving all the money to their employee and asking them to figure out what to pay where and to make the transfers.  In my case, my boss kept his German company so he is still paying me from there.

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2 hours ago, Dembo said:

There are agreements for cross-border workers, but it sounds like (s)he will be working at home and so that wouldn't apply.

Those Doppelbesteuerungsabkommen don´t cover workers (cross border or not) only. I´d bet that situations like the OP´s will be covered as well).

 

2 hours ago, Dembo said:

There are a whole load of other problems with this. For example, which country's employment laws would apply?

That will be covered as well.

2 hours ago, Dembo said:

Your German employer isn't going to want to have to deal with that,

So what? There are a lot of people (me included) who don´t like tax laws. Unfortunately, it doesn´t matter though.

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22 hours ago, nanay said:

I've done some research on this topic, but haven't found anything useful.

As far as I understand, if you stay in a country for more than 183 days, you have to pay taxes to that country. In my case, this doesn't make much sense because I want to protect my German employee and my job. It does not seem possible for my employee to pay taxes to another EU country where I will not pay tax to Germany and will live.

One way to do this could be to freelance. In this case, I will lose the benefits of working for a company.

I'm a little helpless. I'm not sure anyone is struggling with this issue.

You will need to file for taxes in both countries (but pay only once!). 

 

I highly recommend addressing a tax consultant (Steuerberater) at least for the first year, so they would file the paperwork for you. For the next years, you can do it yourself. 

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