Job offering - offshore

[KetchupKebab]

Hi,

Just received a job offering in Belgium.
The position requires to be contractor so I was wondering if I could incorporate an offshore somewhere else and invoice the subcontractor company from an offshore in Estonia/Malta/Cyprus, ... Note: The subcontractor most likely invoices their client - the NGO - from another country.

Would that be illegal as I live and am resident in Belgium?

Regards,

 

[Spinat]

Many use a company registered in Cyprus or similar places to do exactly that. Wonder‌ if someone can point me in the direction for why it should be illegal.

 

[KetchupKebab]

As I am a Belgian citizen working in Belgium but not⁠ registering my company in Belgium?
In either case, good news! Thank you for the reply.⁤

 

[Martin Everson]

Yes if tax evasion is illegal in Belgium which I think it maybe....just‌ guessing 🙄

 

[John Andrews]

Would this be a remote job or will you be working in their office (=employment)?‌

 

[Marc Jacob]

Haha 😀

 

[KetchupKebab]

I would be on site.

 

[John Andrews]

Then you'd be considered a disguised employee, which is illegal in most (EU) countries.

 

[Spinat]

hmmm, what's wrong to be the official owner of a‍ offshore company say Cyprus, Malta etc. and get your pay to there but pay local⁠ taxes as everyone else does?

 

[John Andrews]

because you are avoiding social contributions, which is illegal (implying OP would be sitting in‌ the company office, but working through his own entity).

False self-employment - Wikipedia

"The (Belgian)‍ legislator considers the following elements to define a subordinate relationship:

1. No worker's participation in the⁠ company's profits or losses;
   
2. No proper capital investments in the company;
   
3. No responsibility or decision‑taking⁤ power in the company;
   
4. The certainty of getting a regular payment;
   
5. The fact of having⁣ just a single and unique customer company;
   
6. The fact of having no personal workers/the fact⁢ of not being an employer;
   
7. The fact of not being able to organise one's working︀ period;
   
8. The existence of in-house control procedures, with related sanctions;
   
9. No decision‑taking power concerning customers’︁ invoicing."
   

 

[Marc Jacob]

Just wondering, what kind of corporate services do you provide⁠ ?

 

[Remy]

And worst that simple tax evasion in term of penalty.

 

[Spinat]

lol you and @Remy are the only one that have asked for this.‌ So let's make it clear. I don't provide any services at all. From time to‍ time I have helped a few guys here with some €50 docs just because they⁠ asked but it's not my business nor is corporate services my business.

 

[Remy]

Well noted @blueweb as I told you. Don't be upset, that's natural to ask, as⁣ just below your name besides of each of your posts there is : "Corporate Services"⁢ ! 😉 It could be confusing, even I know that's related to the forum.

 

[Spinat]

I'm not upset at all my friend. I will⁠ buy you a beer should we ever meet in the real world 😀

Corporate Service @Admin what are you doing can you change the title 😀 ehh actually I don't care.

 

[Remy]

Maybe one day in‍ HK or China...

 

[Marc Jacob]

I only⁠ drink Dom Pérignon champagne in the real world, but you don't mind, we are friends⁤ isn't ? haha

 

[lavel]

sounds like you are‍ a big 007 fan 😀
since when is this illegal! I don't get it. I'm sitting all⁣ the day at home in my country but do business using a offshore corp which⁢ I informed the tax office about so I pay full taxes for this setup only.︀

 

[fshore]

You're right, it's not necessarily illegal. But there is no point as no⁠ taxes are saved, and you'll most likely have higher cost of running the foreign company⁤ in addition to local reporting obligations.

 

[lavel]

As we have read on offshorecorptalk⁠ many times we all have different reason for why we want to use a offshore⁤ company to do business 🙂