Overseas Income
Author
Discussion

Phil.

Original Poster:

5,776 posts

274 months

Tuesday 3rd January 2023
quotequote all
My son is starting a new job. He works remotely from the UK and is paid gross in USD each month into his Wise USD account. It’s a full-time exclusive role for an overseas company. I’m unsure of it’s jurisdiction until I see the contract.

What’s the best way for him to set himself up to minimise his tax obligation?

Eric Mc

124,996 posts

289 months

Tuesday 3rd January 2023
quotequote all
Does he know how he will be taxed on this income?

abzmike

11,483 posts

130 months

Tuesday 3rd January 2023
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Check with his peers or employer for the generally regarded best way? Employers can treat expats in different ways.
Or, get an accountant familiar with the scenario.

Dewi 2

1,863 posts

89 months

Tuesday 3rd January 2023
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Phil. said:
What’s the best way for him to set himself up to minimise his tax obligation?

Tell him to be careful with that strategy.

There is a privileged, privately educated, knighted politician, who is associated with a group who hate any suspected 'tax dodging' with overseas income. In fact, they appear to hate anyone who becomes succesful.

Phil.

Original Poster:

5,776 posts

274 months

Tuesday 3rd January 2023
quotequote all
Dewi 2 said:

Phil. said:
What’s the best way for him to set himself up to minimise his tax obligation?

Tell him to be careful with that strategy.

There is a privileged, privately educated, knighted politician, who is associated with a group who hate any suspected 'tax dodging' with overseas income. In fact, they appear to hate anyone who becomes succesful.
He’s not seeking to tax dodge, this is about tax planning. He’ll be 100% UK tax compliant and not be using any dodgy overseas tax instruments. He might decide to move to (say) Portugal at some point but that’s another discussion altogether.

Phil.

Original Poster:

5,776 posts

274 months

Tuesday 3rd January 2023
quotequote all
Eric Mc said:
Does he know how he will be taxed on this income?
Thanks Eric,

I understood he was being paid gross but will now double check and revert.

Eric Mc

124,996 posts

289 months

Tuesday 3rd January 2023
quotequote all
One of the ways this works is that the US employer uses a UK based agent to administer UK PAYE and NI on the salaries paid to their UK based employers.

deckster

9,631 posts

279 months

Tuesday 3rd January 2023
quotequote all
Absolute minefield and he 100% needs professional advice.

As a general rule it's very hard to avoid paying full UK tax on employment income that is brought into the UK and that should be his baseline. He will quite likely have to work quite hard to show that he is not liable for tax in the jurisdiction that the money is coming from - is there a dual taxation treaty in place? - and also he needs to establish his employment status.

Frankly the fact that he is being paid gross and isn't being given professional support from the overseas company would be ringing alarm bells to me. Are you able to disclose the nature of the work?

But back to my first point. This could get very complex very quickly and retaining the services of a specialist international tax accountant will be a lot easier and less stress than trying to explain to HMRC and a foreign tax authority why you've not been paying the correct tax.

Phil.

Original Poster:

5,776 posts

274 months

Tuesday 3rd January 2023
quotequote all
It’s a small tech startup with employees across the world. I’ll expect to have sight of the contract in the next day or so and then ask more questions.

deckster

9,631 posts

279 months

Tuesday 3rd January 2023
quotequote all
Phil. said:
It’s a small tech startup with employees across the world. I’ll expect to have sight of the contract in the next day or so and then ask more questions.
That's something that needs to be established. Payments made gross from overseas through a money transfer service would, on the surface, suggest otherwise.


Eric Mc

124,996 posts

289 months

Tuesday 3rd January 2023
quotequote all
I used to act as the UK PAYE agent for an American company that sold medical equipment in the UK. They had a small number of UK based sales agents and that is how their salaries were administered. All legit and above board.

Phil.

Original Poster:

5,776 posts

274 months

Tuesday 3rd January 2023
quotequote all
Thanks everyone. I’ll update once I’ve seen the contract and determined his ‘employment’ status.

Ted52

29 posts

40 months

Tuesday 3rd January 2023
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100% agree with Deckster. I worked outside the UK and qualified for NT status, but the rules have changed since.

Professional advice is vital, and it's niche advice - not mainstream accounting / PAYE.
Best to get the advice to moderate expectations, rather than try to reverse engineer things later.

I am new to the forum so don't know if you can DM, but if you can't find an expert I can hook you up with who helped me.

Countdown

47,809 posts

220 months

Tuesday 3rd January 2023
quotequote all
Eric Mc said:
I used to act as the UK PAYE agent for an American company that sold medical equipment in the UK. They had a small number of UK based sales agents and that is how their salaries were administered. All legit and above board.
Just curious - Would the American company need to have a PAYE reference and/or be set up as a company within the UK? Also AFAICS it would make sense for all payments to be sterling rather than USD

anonymous-user

78 months

Tuesday 3rd January 2023
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Why is anything to do with tax or pensions so bloody complicated?!

Countdown

47,809 posts

220 months

Tuesday 3rd January 2023
quotequote all
pocketspring said:
Why is anything to do with tax or pensions so bloody complicated?!
Because people are complicated and legislation is written to satisfy multiple different stakeholders, achieve multiple different objectives, and close multiple different loopholes

Eric Mc

124,996 posts

289 months

Tuesday 3rd January 2023
quotequote all
Countdown said:
Eric Mc said:
I used to act as the UK PAYE agent for an American company that sold medical equipment in the UK. They had a small number of UK based sales agents and that is how their salaries were administered. All legit and above board.
Just curious - Would the American company need to have a PAYE reference and/or be set up as a company within the UK? Also AFAICS it would make sense for all payments to be sterling rather than USD
It's a long time ago now but I think the American company did get a proper UK Employer's PAYE reference but the address used was the address of the firm of accountants I worked for which was used as the PAYE admin address.

Countdown

47,809 posts

220 months

Tuesday 3rd January 2023
quotequote all
Eric Mc said:
Countdown said:
Eric Mc said:
I used to act as the UK PAYE agent for an American company that sold medical equipment in the UK. They had a small number of UK based sales agents and that is how their salaries were administered. All legit and above board.
Just curious - Would the American company need to have a PAYE reference and/or be set up as a company within the UK? Also AFAICS it would make sense for all payments to be sterling rather than USD
It's a long time ago now but I think the American company did get a proper UK Employer's PAYE reference but the address used was the address of the firm of accountants I worked for which was used as the PAYE admin address.
Cheers.


Eric Mc

124,996 posts

289 months

Tuesday 3rd January 2023
quotequote all
They were keen to do everything correct and above board because their main customer was the NHS. Back in those days, the NHS would only do business with organisations that were legit.

Dewi 2

1,863 posts

89 months

Tuesday 3rd January 2023
quotequote all
Phil. said:
Dewi 2 said:

Phil. said:
What’s the best way for him to set himself up to minimise his tax obligation?

Tell him to be careful with that strategy.

There is a privileged, privately educated, knighted politician, who is associated with a group who hate any suspected 'tax dodging' with overseas income. In fact, they appear to hate anyone who becomes succesful.
He’s not seeking to tax dodge, this is about tax planning. He’ll be 100% UK tax compliant and not be using any dodgy overseas tax instruments. He might decide to move to (say) Portugal at some point but that’s another discussion altogether.

Please do not take my post too seriously Phil.

I was just hinting at the hypocrisy (or envy), shown by a particular group of people.
They are the same group, who use every opportunity to 'take a swing' at giant international businesses, accusing them of tax dodging.
They seem to forget, that it is Parliament themselves who write tax legislation, so can hardly blame others when legitimate tax saving methods are being used. Everyone has a duty to pay the taxes required of them, but businesses also have a responsibility to their owners, not to pay more than is legally required.

No doubt those same people gladly use their own tax free Personal Allowances, but never call that tax dodging.
Not a great deal of difference really. Simply features of tax legislation.

Good that you are looking into this matter in advance. Many people would not do that and might then have regrets later.
The recent FX change will have been a benefit to your son. Good for him.