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EEA employment status for UK Ltd. company directors?

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ninmurai
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Posts: 15
Joined: Mon Nov 26, 2012 1:46 am
Location: London/Lisbon
Portugal

EEA employment status for UK Ltd. company directors?

Post by ninmurai » Wed Nov 25, 2015 8:48 am

I searched these threads a few times, but the question does not appear answered for this topic.

If I become the sole director of a UK Limited Company and wish to reside in another EEA member state and run the company from there, how would this employment status be seen? I'm aware under 2004/38/EC you need to be employed, self-employed, studying or self-sufficient in the host country.

In the UK a company director is not deemed to be an employee by HMRC (see https://www.gov.uk/employment-status/director), but as far as I understand being "self-employed" requires a sole trader registration some form of Chamber of Commerce as personally and wholly liable for your business endeavours, which defeats the purpose of why the Ltd. company exists.

For context, I am a UK citizen, currently exercising 2004/38/EC as an employee in The Netherlands, considering a move and career change to one of Portugal, Spain or Malta.

Thanks in advance for any help!

toofan
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Posts: 274
Joined: Thu Apr 03, 2014 6:10 pm

Re: EEA employment status for UK Ltd. company directors?

Post by toofan » Wed Nov 25, 2015 7:49 pm

hi it will be better to register as sole trader in the state where you want to exercise eu treaty rights so you can pay taxes in the state where you will be living to exercise treaty rights.
You may have to fight a battle more than once to win it.
<<<<<<<TOOFAN>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

ninmurai
Newly Registered
Posts: 15
Joined: Mon Nov 26, 2012 1:46 am
Location: London/Lisbon
Portugal

Re: EEA employment status for UK Ltd. company directors?

Post by ninmurai » Fri Nov 27, 2015 11:40 pm

toofan wrote:hi it will be better to register as sole trader in the state where you want to exercise eu treaty rights so you can pay taxes in the state where you will be living to exercise treaty rights.
Sole trader would not be an option in this instance - in the industry I work in (construction), it is unwise to go sole trader. You should always incorporate a company in case something big happens (schedule delays, building or bridge collapses etc.) then the liability stops at the company, rather than having to pay your life savings.

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