Should I Bill Through A Company Or Direct?

expat network

Should I Bill Through A Company Or Direct?

I’m working with a German contractor, billing it for my services through my UK limited company. I have heard that after two years contracting by German law they need to employ me direct. Is this correct?

Nick Broughton of Capital-GES answered this enquiry.

“If you are working in Germany on a contract for any period of time it’s not legal to use your UK limited company unless it’s registered in Germany (which I’m guessing it’s not). From day one you should be paying tax and social security in Germany. Your options to do this are to be self-employed (register your UK limited company or become a Freiberufler/German freelancer) or fully employed through an international payroll company that is registered in Germany. It’s my suggestion that you seek legal advice or contact us as we can help your situation.

“The source of the work doesn’t matter. If you are in Germany you must pay tax and social security in Germany. You cannot use a UK limited company.”

Moving Abroad Checklist

Initial Considerations

Will your partner be travelling with you?

If so, what will they be giving up in your present home and will they be able to continue with their career in your new home? You will need to check whether a separate visa is required for your partner to work or if your visa gives that right. If they are unable to work you will need to decide on the effect on your finances and what alternatives are available to give a fulfilling life (home business, training, voluntary work).

Are you taking family with you?

Moving with family raises many exciting opportunities, but also can create challenges. The HSBC Expat Explorer survey indicates that expat kids can take six months to settle in to their new country (see article). Getting young or even older children to prepare to move and leave their friends and family behind can be a challenge and should be thought through.

The options for education is another area that needs to be thought through.

Moving your child to a new country with a different education system can be a great opportunity to broaden their experience, but if they are close to key exams the timing can make this inadvisable. If you do take your family with you, it is important to decide between joining the local school system or choosing an international school.

Where will you be living?

Whether you will be living in a house or apartment, furnished or unfurnished, these decisions will affect what you need to take with you. The time you are planning to live overseas will also affect whether you should leave your property at home empty, rent it out or sell it. See the article Sell, Store or Ship.