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Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 8417
Experience:  Barrister 17 years experience
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Hi, Ive been offered a contract as an independent consultant

Customer Question

Hi, I've been offered a contract as an independent consultant with a firm in Ireland. My concerns are with taxes, US and Irish, and liability.
The contract requires me to hire an accountant and get contract insurance. In addition, I will have to pay all taxes and fees and get a passport and visa for Ireland.
Do these sound like typical, and acceptable, requirements?
What else should I know before signing this contract?
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 1 year ago.

Buachaill :

1. At the outset, as this remuneration as a consultant will be Irish source income, it will be liable to Irish Income Tax. Secondly, there is a Double Tax Agreement in place between Ireland and the USA so that your income will not be taxed twice (in the US) after it has been taxed in Ireland. Thirdly, getting a visa may be more problematic as in order for a visa to be given for your job, to work in Ireland, it will have to be shown that either this is a fixed term contract for a skill which is not available in the EU or that there is some special need for your skills. It would be much more preferable if your employer would arrange the visa for you as an application from an employer is looked on much more favourably and there is a procedure laid down for getting an employee visa. It will be much more difficult for you to get a visa on your own unless there is some other ground on which you will be entitled to it, such as citizenship of some EU state.

Buachaill :

2. Hiring an accountant is merely a way whereby the employer washes its hands of all tax issues concerning you. Contract insurance is merely a way whereby you have a fallback should your employment contract be terminated for whatever reason by your employer. However, it is the visa issue which is key, as you won't be allowed to enter Ireland and work there on a holiday visa.

Buachaill :

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Buachaill, Lawyer
Satisfied Customers: 8417
Experience: Barrister 17 years experience
Buachaill and other Republic of Ireland Law Specialists are ready to help you
Customer: replied 1 year ago.


Thanks, Buachaill. I'm actually expecting to work at home in the US, but the contract mentions obtaining a visa. Presumably, if I don't have to travel to Ireland to perform the work, I won't need the visa.


 


I'm just a little nervous about accepting this contract because I don't know how legitimate this offer is, or if there are any downsides I should know about.


 


Would you be able to actually review the contract for me?


Thank you,


Judith

Expert:  Buachaill replied 1 year ago.
3. No, Judith, this is not a full service law site. It is merely intended to answer legal questions not provide legal advice. You should directly contact an Irish lawyer if you want someone to review the employment contract.
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