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Hi, I am a UK national who has moved to France 7 months ago.

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I am working remotely with...
Hi, I am a UK national who has moved to France 7 months ago. I am working remotely with a UK company providing virtual recruitment research services. Until recently I have been doing so through my UK limited company, which I am no longer able to do as I have been in France for over 6 month. Recently I have set myself up as an autoentrepenuer and plan to register for a TVA intracomuniaire so that I can invoice my UK client. Can you please let me know if there are any tax or employment law liabilities to my client if I am working for them exclusively at the moment, I plan to diversify my client base but at the moment I have plenty of work from this one client and expect to work exclusievly for them for a few months. My client is concerns about the risks to them of employment law, the the UK there is a law called IR35 which our old contract mitigates againist. Also if there is any third part dent transfer laws such as in Holland which would make them liable for any unpaid taxes by myself. if you could please point me to english written confirmation, or resources on the subject, for my clients benefit, that would also be most helpful. Thanks in advance for you advice.
Submitted: 7 years ago.Category: French Law
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3/25/2011
Barrister: T Perrin C, Consultant: information en droit du travail replied 7 years ago
T Perrin C
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1,457
Experience: 8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
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1) as an auto-entrepreneur, your turnover is exempt from VAT. Your are not allowed to claim VAT back on your expenses, and you are not allowed to charge VAT on your invoices. If you apply for a VAT intracommunautaire number, you will lose the benefits of being an autoentrepreneur and will have to choose another status.
2) having one sole client is not necessarily a problem unless it can be proved that you are entirely under the client's authority. In which case it could be argued that you are a salaried personnel of this company. In which they would have to pay social contributions in France on your wages and guarantee a certain level of income and possibly benefits, depending on the sector of activity. The major risk for the company depends on whether you take them the Conseil des Prud'hommes (Industrial Tribunal) to have the court recognized that you are effectively subordinated to them.
T Perrin C
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1,457
Experience: 8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
Verified
T Perrin C and 87 other French Law Specialists are ready to help you
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Customer reply replied 7 years ago
Hi, thank you for the prompt reply. I was told by the autoentrepenuer helpline that I had to apply for a intracomunaire TVA number in order to do business overseas, is that not the case? i wasnt going to claim or charge VAT, just get the nuumber so that my international invoices are valid. please advise... and also if there are any resources in english I can point my client towards to assure them about the lack of liability on thier part. thanks in advance.
Barrister: T Perrin C, Consultant: information en droit du travail replied 7 years ago
1) In some specific circumstances, you may apply for the intracommunautaire VAT number but you should in any case contact you local tax office to be certain of what should appear on your invoices given your personal circumstances.
2) I am sorry but I know of no resource in English dealing with this matter.
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