Help needed

[MAKUSA]

Can anyone tell me if working in another member state as a consultant but not physically present in that member can constitute or be termed as exercising one's treaty rights i.e a UK national works for a French company and is taxed in France but still resides in the UK.

[86ti]

I can't help you much but so-called 'cross-border services' may count. I once found the Carpenter case mentioned in this context.

[MAKUSA]

I can't help you much but so-called 'cross-border services' may count. I once found the Carpenter case mentioned in this context.

Thanks mate, that info was more than enough

[Directive/2004/38/EC]

Can anyone tell me if working in another member state as a consultant but not physically present in that member can constitute or be termed as exercising one's treaty rights i.e a UK national works for a French company and is taxed in France but still resides in the UK.

Depends on what you mean by "working for" and what you want to achieve.

Are you working (physically) in France and commuting back and forth?

[MAKUSA]

Can anyone tell me if working in another member state as a consultant but not physically present in that member can constitute or be termed as exercising one's treaty rights i.e a UK national works for a French company and is taxed in France but still resides in the UK.

Depends on what you mean by "working for" and what you want to achieve.

Are you working (physically) in France and commuting back and forth?

Working from one's home in the UK but for a company in france and paying taxes in france, would that indidvidual be covered under the Directive 2004/38/EC if one decides to go down the EU route in the future. Ta

[alooma]

yes u are exercising treaty right according to the E.C.J judgement in Carpenter case.

[Directive/2004/38/EC]

Working from one's home in the UK but for a company in france and paying taxes in france, would that indidvidual be covered under the Directive 2004/38/EC if one decides to go down the EU route in the future. Ta

It is a good question how this fits into European free movement law. You may be exercising your treaty rights, but I doubt you would be able to take advantage of the Singh ruling to bring a non-EU citizen into the UK based on the European rules.

Can I ask: Is there a particular aspect of European rules that you want to be able to take advantage of?