4 ms·

We are talking about companies operating outside EU. You are still set on companies operating in the same country. So a dev takes a risk, switches to a freelanc

by bitL 4y ago

We are talking about companies operating outside EU. You are still set on companies operating in the same country. So a dev takes a risk, switches to a freelance mode, finds a client abroad, the client pays much better but at the cost of terminating agreement anytime, and for you it's a tax fraud? Smells like a crab bucket to me ("how unjust is it to earn that much more than me!").

tluyben2 4y ago
Not my rules or ideas… if you try to invoice different companies to get around defacto employee rules we have here, then it is fraud; you probably won’t get caught. It’s not fraud ‘for me’, it is for the tax office of my country and, as other people have said, also maybe for the employer side. So I play it safe to make sure it’s neither, however, that is far different from taking a contractor job for one client for a long time; that often will be flagged as defacto employee and taxed like it.
- bitL 4y ago
  I really think you are mixing completely unrelated things together. Just a thought experiment: there is a company that has no office/contact in the EU. Is a NL-based freelancer prohibited from working for them? In other words, is the freelancer prohibited from exporting their work to the country of origin of that company or not? You keep applying laws for companies operating in NL to any arbitrary company operating elsewhere.
  - tluyben2 4y ago
    You can of course but there are rules that you need to follow for the tax office; if they mark you as defacto employee in NL for a US company, different taxation applies. You are marked as not an entrepreneur or company in that case and you will be taxed (a lot) more. I didn’t say anywhere it is illegal or prohibited anyway (I just said you will be flagged as defacto employee which brings consequences); it is just not very smart as you will have all the bad things and none/little of the good things working like that.

by bitL 4y ago

tluyben2 4y ago

Not my rules or ideas… if you try to invoice different companies to get around defacto employee rules we have here, then it is fraud; you probably won’t get caught. It’s not fraud ‘for me’, it is for the tax office of my country and, as other people have said, also maybe for the employer side. So I play it safe to make sure it’s neither, however, that is far different from taking a contractor job for one client for a long time; that often will be flagged as defacto employee and taxed like it.

bitL 4y ago
I really think you are mixing completely unrelated things together. Just a thought experiment: there is a company that has no office/contact in the EU. Is a NL-based freelancer prohibited from working for them? In other words, is the freelancer prohibited from exporting their work to the country of origin of that company or not? You keep applying laws for companies operating in NL to any arbitrary company operating elsewhere.
- tluyben2 4y ago
  You can of course but there are rules that you need to follow for the tax office; if they mark you as defacto employee in NL for a US company, different taxation applies. You are marked as not an entrepreneur or company in that case and you will be taxed (a lot) more. I didn’t say anywhere it is illegal or prohibited anyway (I just said you will be flagged as defacto employee which brings consequences); it is just not very smart as you will have all the bad things and none/little of the good things working like that.