Would you tell your work this....

Bobingale

I work from home in Dublin for a multinational, my boss live in Florida and we have 1 meeting a week. I am toying with moving to France for the Irish winter and saying nothing.
What issues do you think I could walk into? So far I know (or think I know!)

Tenigate

I'd run it by them. Explain that you prefer the climate. I wouldn't just do it and hope they didn't notice.

micks_address

Tenigate wrote: »

I'd run it by them. Explain that you prefer the climate. I wouldn't just do it and hope they didn't notice.

Yeah best ask first... There may be issues if they provide you with hardware etc to connect for work. Some companies will only let you work remotely in a country if they have an office there for support reasons

Bubbaclaus

There will be tax and employer filing implications for them of having an employee in France. If you don't tell them about it and French Revenue come knocking it's not going to be pretty.

Jimbob1977

There's also a one-hour time difference that might affect your availability to the USA.

Minor detail

Bubbaclaus

Freddiestar wrote: »

Are you sure? Look at my point 1 above

What does being tax resident in Ireland have to do with your French tax position? You can be tax resident in several countries at the same time.

Have you looked into French tax legislation or are you just assuming that because ireland taxes it you're grand?

Tenigate

I've a hunch tax wouldn't come into it. (Not good enough, i know)

What may come into it is employment law.. maybe in France you'd be deemed an employee rather than a contractor, or entitled to breaks or obliged to make pension contributions. It might not mean much to op, who for all intents and purposes is still working from ireland, but a US employer might freak out a little if he found out his Irish employee worked from abroad half the year without mentioning it.

CelticRambler

183-day rule applies as far as tax is concerned, so if it's only for the winter, and you're communting back to Ireland every so often during that time, the French authorities have no say in your affairs.

What are you looking for in a French winter, though, that you can't get in Ireland? Apart from avalanches and forest fires? :pac: Killer winds, floods, freezing temperatures, headcase drivers with too much antifreeze in their blood, hunters who can't tell the difference between a boar and a bore ...

I was supposed to be spending my winter in Austria and Germany because I've spent too many of them in France, but the feckers won't let me go. :mad:

Bubbaclaus

I always get concerned when I hear '183 day rule', as it makes me think people are applying Irish tax legislation (which only applies to ireland) to other countries (which have their own completely separate and different tax rules)

TheAnalyst_

Bubbaclaus wrote: »

There will be tax and employer filing implications for them of having an employee in France. If you don't tell them about it and French Revenue come knocking it's not going to be pretty.

Do you file an income tax statement when you take a work call on holidays in spain?

markpb

A friend of mine was in the same position recently, was working from home for a large American multinational and moved to another European country. When the company found out, he was told to move back to Ireland or leave the company.

CelticRambler

Bubbaclaus wrote: »

I always get concerned when I hear '183 day rule', as it makes me think people are applying Irish tax legislation (which only applies to ireland) to other countries (which have their own completely separate and different tax rules)

Those "completely separate and different" rules don't apply if you're not resident and not trading in the other country, which is the whole point of the 183-day rule.

Bubbaclaus

CelticRambler wrote: »

Those "completely separate and different" rules don't apply if you're not resident and not trading in the other country, which is the whole point of the 183-day rule.

What legislation has the 183 day rule (hint: it's an Irish legislation, which last time I checked does not apply to the rest of the world).

Bubbaclaus

TheAnalyst_ wrote: »

Do you file an income tax statement when you take a work call on holidays in spain?

What?

Bubbaclaus

If the situation was reversed and the OP was coming to Ireland for 5 months in the winter, the employer would be obliged to either run a shadow payroll in Ireland for the employment income earned on days worked in Ireland (and as such register for tax in Ireland and all the accompanying filing requirements) or else apply for a dispensation from PAYE (these are extremely difficult to get these days since Irish Revenue tightened their conditions around getting them).

As well as this, the company would need to submit a multi state A1 to ensure compliance around social security and that the employee is being retained in the correct social security system. Without this the company could end up getting audited and fined if they were found to have employees working in multiple EU countries with no A1 in place.

Either way, the company needs to do something.

For reasons unknown, some posters seem to think that they know all about the French tax system. Even applying s819 TCA 1997 (Irish residency rest - 183/280 day rule) to a completely different and independent country.