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doncarlos
26-11-2015, 22:18
I work for a Spanish-based company that doesn’t have a presence in the UK but need to employ a British individual who will work from his home based in the UK. According to HMRC, the company would be subject to UK employers’ NI contribution and the individual would be subject to employee’s NI contribution (for this job). This is the advice that I was given after talking to an overseas technician at HMRC. Having spoken to a Spanish lawyer and asesor fiscal they’ve said that the company would have to pay Seguridad Social in Spain for this individual. I don’t believe that we have to make this payment in both countries but having spoken to solicitors in the UK they seem to think that what HMRC is saying is correct.

Does anyone know to whom I could talk to have the situation clarified?

universal
27-11-2015, 17:05
One way might be to employ him on a consultancy basis and have him pay a self employed stamp.
He could then bill you for his services which may be able to offset at this end.

doncarlos
27-11-2015, 17:43
One way might be to employ him on a consultancy basis and have him pay a self employed stamp.
He could then bill you for his services which may be able to offset at this end.

Thanks for this U. We would then be subject to OJEU rules and regs which means that this individual couldn’t start with us for a good 3 to 4 months. We have thought about this route and if push comes to shove ….