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BKR Employment Tax Practice Group

BKR Employment Tax Practice Group. Agenda. Tim Morris – Introduction Vanesha Kistoo – Introduction Topic – Country registration requirements for employees and formal requirements for the employ Next webinar. Introduction. Housekeeping. Blick Rothenberg. UK Employer

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BKR Employment Tax Practice Group

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  1. BKR Employment Tax Practice Group

  2. Agenda • Tim Morris – Introduction • Vanesha Kistoo – Introduction • Topic – Country registration requirements for employees and formal requirements for the employ • Next webinar

  3. Introduction Housekeeping

  4. Blick Rothenberg UK Employer • Presence in the UK? Register as employer with tax authorities • Payroll set up • Pension registration (Local employee v/s expat) • Expenses and benefits reporting/tracking • VAT registration/Corporate filings Employee • Does employee have the right to work in the UK? • Social Security (Local employee v/s expat) • Annual filing of tax return

  5. Walker Wayland NSW Registration Requirements for Employment • Must obtain an Australian Business Number(ABN) • Requirement to Have an Australian Resident as Public Officer (Tax Office Role) • The Company that is obtaining the ABN must provide a Certified/Notarised Copy of the Certificate of Incorporation in its country of Origin or registration from the relevant Authority • If a foreign company there is a requirement that the details of shareholders are provided if it’s a unlisted company(share register) • The directors of the company that is being registered must provide two forms of certified/notarised identity requirements which must contain at least one of the primary documents listed below:

  6. Walker Wayland NSW Primary documents • Foreign Passport • Foreign birth certificate • Australian Birth Certificate • Australian Passport Secondary documents • national photo identification card • foreign government identification • marriage certificate – if this document is provided to verify your change of name it will not be classified as a second document • driver licence – the address on the licence must match the home address provided. • If an individual has changed their name, they must also provide another document showing • the change, such as a marriage certificate, deed poll or change of name certificate.
If an individual's preferred gender is not reflected on their identity documents, they must provide a document that indicates their preferred gender, such as an amended birth certificate or a statement from a registered medical practitioner.

  7. Walker Wayland NSW Once ABN is provided by the Australian Taxation Office the registration for Pay As You Go Withholding Tax is able to be made Withholding will be required to be remitted to the Tax Office every month where it is greater than $25k per annum, if less than $25k per annum the withholding will be remitted quarterly to the Tax Office

  8. EUROGLOBAL S.E.E. AUDIT LTD • Employees: • Taxable on the worldwide income (> €19,500 net taxable income) • Liable to pay contributions to the Social Insurance Fund ( 7.8% on gross income with maximum amount €4,533 monthly) •  Work permits are submitted to the Civil Registry and Migration Department by the indented employer • Employers: • Certificate of commencement of employment - must be sent to Social Insurance services • Declaration of hiring employees – submit to any Social Insurance District Office or Citizen Service Center • Application for Registration of an employed person – ( in case an employee does not have a social insurance number) • Submission of Employer's return (I.R.7A) until 31 July next year • Withholding tax - P.A.Y.E

  9. EUROGLOBAL S.E.E. AUDIT LTD Employer is liable to pay the below contributions each month (payable within one month) : • Social Insurance 7.8% (maximum amount €4,533 monthly and €54,396 yearly) • Social Cohesion Fund 2% • Redundancy Fund 1.2% • Industrial Training Fund 0.5% • Vacation leave Fund 8% (optional – primarily used in construction industry) Note: From 1.1.2019 the percentage of Social Insurance Contribution will be increased to 8.3% for both employee and employer

  10. Employee and Employer requirements in Switzerland Foreign employees Employees obligation Employers obligation • Work permit • Salary withholding (will be done on behalf of the • employee by the employer) • Form A1 • Mandatory health insurance • Duty of care • Salary withhold (responsibility) • In case the employer is paying the health • insurance contribution → benefit in kind

  11. Employee and Employer requirements in Switzerland Local hires Employees obligation Employers obligation • Mandatory health insurance paid by employee • Obligation to perform • Duty of acceptance • Employer has to be a member of a pension fund • Withholding obligation only for foreigners • Payout of salary • Duty of care (e.g. anti discrimination)

  12. Mariquito, Correia e Associados – SROC, Lda. • Issues • Formal requirements for the employer in Portugal: • Portuguese Company - registered by national law; • Permanent establishment (branch) in Portugal of a foreign company; • Foreign company without a fixed establishment in Portugal, but that hires workers in Portugal (for example to attract clients). • The company has to make an employment contract with the employee. • According to the Portuguese Labour Law there are several types of contracts:

  13. Mariquito, Correia e Associados – SROC, Lda. • Types of Employment Contracts: • Contracts without term; • Fixed term contracts ( for example. 3, 6, 12, 24 months). • There are more types but those are the most frequent and common.

  14. Mariquito, Correia e Associados – SROC, Lda. • The company has several obligations of communication to portuguese Social Security, and with specific deadlines. • Social Security contributions: • Charge for the employer – 23,75% of the gross salary • Charge for the employee – 11% of the gross salary.

  15. Mariquito, Correia e Associados – SROC, Lda. • In the following month has a monthly obligation to deliver a form of Social Security contributions and their payment of both 34,75% of gross salary. • The part of the employer and the part of employee, like a withholding tax.

  16. Mariquito, Correia e Associados – SROC, Lda. • Monthly Deadlines • Until the 10th day of the following month – social security form delivery. • For the payment – since the 10th day until the 20th day of the following month. • Until the 10th day of the following month the employer has to submit of monthly form remunerations (DMR). • The payment of the employees withholding taxes (IRS), since the 10th day until the 20th day of the following month.

  17. Mariquito, Correia e Associados – SROC, Lda. • Other communication obligations to Social Security: • Changes on personal data of employees; • Contractually changes; • Employment Contract Cessation. • Those are the most relevant and common communication obligations to Portuguese authorities.

  18. Mariquito, Correia e Associados – SROC, Lda. • Formal requirements for the employee in Portugal: • To be resident in Portugal and registered on Portuguese Social Security and on Poruguese Tax Autorithies; • Inform the employer of all relevant data personal; • Inform the employer of your personal data, and when changing any of these.

  19. Tri-Mer Services Ltd • EU/EEA • Employer • Engagement form • Tax rate form (FS4) • Employee • Tax registration form • EU residency card • TCN • Employer • Single Permit Application including • Tax registration form • EU residency card • Engagement form • Tax rate form (FS4)

  20. ROMANIA Country registration requirements for employees and formal requirements for the employer • Registration and requirements for the Employer: 1.1 Labour contract will be concluded between the Employer and the Employee 1.2 The Employer will register the labour contract at the Labour Authority 1.3 The Employer will obtain user and pass for National Electronic Register of Employees (Revisal) 1.4 The Labour contract must be register at the Labour Chamber at least 1 day before effective start 1.5 Any update /addendum of working contract must be reported in Revisal. 1.6 The ending of contract must be reported in Revisal latest in the last working date 1.7 The Employer will complete and keep Personnel file all documents relevant for each employee 1.8 The Employer should disclose to each employee Internal Rules 1.9 For companies having more than 21 employees, the employer is obliged to initiate collective labour negotiation. 1.10 Monthly tax declaration: to be submitted latest 25th of next month ; if the employee is non resident, there is an additional yearly statement 2. Registration and requirements for the Employees: 2.1 For non-EU member citizen, work permit is required to be obtained 2.2 For EU citizens, but not Romanian residents, Romanian Personal number is needed 2.3 The Employee will provide to the Employer, in order to conclude the Labour contract he following documents: Copy of ID card, documents of studies, criminal records, marriage certificate, certificate of birth for children, medical proof the employee is able to work, proof of payments of social contributions and incomes for prior 6 month; In case of part-time contracts, it is required statement if it is the only working contract.

  21. Questions?

  22. Next Meeting • Topic • Webinar will be on the members area of the EMEA website

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