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I have been offered the position of COO in a company in

Customer Question
Hello, I have been...

Hello, I have been offered the position of COO in a company in Pittsburgh. I am not an American citizen and currently live in Europe. I will not live in USA to cover this role and will be a contract worker, because the company is a start up. Can I pay income tax directly in the US?

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

No, not yet

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I will be a contract worker not an employee and no, I do not belong to a Union

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I will be travelling, but continue to reside in Europe. The company will be set up as a virtual organisation, but I have also been offered a small share holding in the start up. My preoccupation is not to incur problems with the IRS or to cause them for the company.

Submitted: 1 month ago.Category: Employment Law
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Answered in 35 minutes by:
6/30/2018
Employment Lawyer: Edward Young,
 replied 1 month ago
Edward Young
Category: Employment Law
Satisfied Customers: 574
Experience: Principal Attorney at The Law Offices of Edward D. Young, III
Verified

Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please give me a few minutes to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Employment Lawyer: Edward Young,
 replied 1 month ago

This is really complicated question. In answering your question, I am assuming that the Pittsburgh company is a corporation. Under federal law corporate officers are known as "statutory employee." This term means that by law corporate officers, particularly those who own the company, must be treated as employees. This means that quarterly state and federal tax returns must be filed timely. Withholding and employment taxes must be taken out of their respective paychecks and remitted timely to the IRS. There really is no getting around this law legally.

But there are European tax issues as well. For example, in EU countries, your company might have to pay at least 4 weeks of paid vacation and holidays per year. In France, a bogus self-employment can bring up to 3 years of imprisonment and a fine for employers.

It is best to discuss your proposed business arrangement with lawyers who are experts in this field. Here are several with whom you can consult:

J. Stephen Barge 1.***-***-**** http://klgates.com/tax-practices/
Jiah Kim & Associates (###) ###-#### http://jiahkimlaw.com/business/eight-things-know-hiring-foreign-independent-contractor/
Harris Bricken (###) ###-#### https://harrisbricken.com/blog/business-united-states-overview-foreign-companies/

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Customer reply replied 1 month ago
Hello Edward, the company as mentioned is a start up and will be set up as an LLC with corporate structure. I don't know if this will affect what you have answered. Furthermore, allow me to make sure I've understood, even if the CEO and myself as COO will be contract workers for the organisation, the fact that we are also share holders automatically put us in the category of "statutory employees, is this correct?
Employment Lawyer: Edward Young,
 replied 1 month ago

It is not that you are shareholders. You are officers of the corporation and that is why you are statutory employees. Please go ahead and rate me. I get no credit for my work for you until you do. If you have any follow-up or clarification questions, please ask! There is no additional fee.

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