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I believe it would be legal. As I've said, you wouldn't be working to an UK registered company and you wouldn't be receiving your earnings in the UK. You would not be employed in the UK.splanky wrote:Good to know I would be doing nothing illegal! But would it be legal without my rights as a Chen parent? The first time I did this I wasn't a Chen parent and I was allowed into the country when I said what I'd be doing. If it's separate to my Chen rights I can use it to prove self-sufficiency. If's it's dependent on them, I can't (see http://www.ind.homeoffice.gov.uk/siteco ... g/chen.pdf)
Splanky
Huh, the more you know. I thought that as long as his company was registered in AUS and his customers were paying his company through his company's aussie account, his company would not be taxed there. Of course that if you have your company registered here in the UK, it doesn't really matter where your customers are.gonzo wrote:Splanky-
I saw in your separate post that you are now sorted immigration wise- congrats.
I know this thread was originally about immigration- but your original post, along with Hubba's comments, implied that your telecommuting work may not really be "work" here in the UK.
Not true from both a taxation and immigration perspective. At a high level, taxation is based on where you are physically when you do the work, not where your clients are.
Anyway- the telecommuting tax issues can actually be quite complicated- and not for this board, but just wanted to give you a heads up if you think your australian earnings "don't count" here.
I'm a USC married to a UKC, and was successful with my EEA2 using Singh via Ireland. Our sole economic activity was telecommuting back to our USA consulting business (and was the only income/treaty right activity listed on our EEA2/singh app). While in Ireland, we had to register as self-employed, and now have an Irish tax bill. Now that we are settled in the UK, 100% of my USA telecommuting income is taxed by the HMRC.
I thought the immigration law was complicated- until I started diving into international tax law!
In terms of whether its 'logical'- think about my situation. 100% of our income is from US sources. Here in the UK, our kids go to UK state schools, we drive on UK roads, use the NHS, get protection from police & fire, etc.... Would it be fair that we don't pay any UK taxes while living here?Hubba wrote:I thought that as long as his company was registered in AUS and his customers were paying his company through his company's aussie account, his company would not be taxed there. Of course that if you have your company registered here in the UK, it doesn't really matter where your customers are.
Well, I guess you are right, it wouldn't really be fair. Damn, you were right in your first post, this is a rabbit hole I'm really not keen to get into!gonzo wrote:In terms of whether its 'logical'- think about my situation. 100% of our income is from US sources. Here in the UK, our kids go to UK state schools, we drive on UK roads, use the NHS, get protection from police & fire, etc.... Would it be fair that we don't pay any UK taxes while living here?Hubba wrote:I thought that as long as his company was registered in AUS and his customers were paying his company through his company's aussie account, his company would not be taxed there. Of course that if you have your company registered here in the UK, it doesn't really matter where your customers are.
Of course not- which is why in principle employment and tax laws generally follow where you are physically located.
Now how much you actually pay is very complicated, because it relates to the tax laws of both countries, as well as the tax treaties between the countries; and there are myriad rules/exceptions for partial year residencies, types of income, protections to avoid double taxation, protections to keep people from slipping into the gap and avoiding tax in both countries, etc.