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Re:Fixing Italy, a little bit at a time by Kurtz79 on Friday April 17, 2015 @05:10AM (#9393069)
If you are BASED in Italy and register in Ireland or Estonia I'm pretty much sure you are breaking the law, EU or not.
Re:Fixing Italy, a little bit at a time by jkot on Friday April 17, 2015 @05:33AM (#9393150)
Not really, company is separate entity, I think your are confusing it with self-employment.
Re:Fixing Italy, a little bit at a time by markvdb on Friday April 17, 2015 @07:30AM (#9393560)
I run a small company in Latvia (low tax, low income). I live in Belgium (tax world champion, high income). I am _extremely_ careful to play by the rules. That means things like: * no company bank account or phone number in Belgium * no meetings with my staff in Belgium * no (tax deduction for) office space in Belgium * fly to my company's country often * a Latvian phone number for myself * a _real_ _physical_ office in Latvia * ...

On top of taking care of this, I also make sure I do not "awaken sleeping dogs": * every single bit of fiscal administration both here and there is perfectly in order * even if 100% legal and in order, I avoid creating visible links between myself and my company (bank accounts, ownership declaration, ...). (I make a small exception here, but I'm usually not very keen on it...)

You will find a lot more information on this subject area in the double taxation treaties between individual EU member states.

The general principle is very simple: the fiscal residence of your company is where your company's main and real activities are, as evidenced by facts. Unless you are a big multinational of course, in which case all these rules go overboard by using the tax avoidance loopholes and custom fiscal rulings.

Re:Fixing Italy, a little bit at a time by jkot on Friday April 17, 2015 @09:53AM (#9394259)
Company in foreign country does not really mean lower taxes. You still tax your income in country of residence. But it often means lower administration.
Re:Fixing Italy, a little bit at a time by markvdb on Friday April 17, 2015 @10:54AM (#9394668)
You write three things:

1) "Company in foreign country does not really mean lower taxes." It does in my case, and in plenty of others. 15% instead of 33.99% corporate income tax for example. Legally.

2) "You still tax your income in country of residence." One's personal income is indeed taxed in one's country of fiscal residence (except for the exotic regime US citizens are subject to). My company's income is taxed in its country of residence.

3) "But it often means lower administration." Not always. Luckily true in my case.

Re:Fixing Italy, a little bit at a time by Luc on Friday April 17, 2015 @11:07AM (#9394755)
May I ask how you decided on this way of organising your business? Did you research it all yourself or did you get some expert help?
Re:Fixing Italy, a little bit at a time by markvdb on Friday April 17, 2015 @12:24PM (#9395361)
* I consulted my accountant in .be (not connected to this project). * I took advice from a trusted Latvian accountant. Trusted, as in doing the books for the company of a close friend since years. * I attentively read the double taxation treaties myself. * Close friends advised me on practical arrangements: where to get an office, ...
Re:Fixing Italy, a little bit at a time by Luc on Friday April 17, 2015 @04:07PM (#9396887)
Thanks, that seems very sensible.
Re:Fixing Italy, a little bit at a time by nodata on Friday April 17, 2015 @05:11AM (#9393072)
How?
Re:Fixing Italy, a little bit at a time by jarek-foksa on Friday April 17, 2015 @05:19AM (#9393108)
Keywords: tax residence, controlled foreign company.

To be more specific, such structure would not be illegal, but you would have to deal with double the amount of bureaucracy and you would pay the same taxes.

Re:Fixing Italy, a little bit at a time by Kurtz79 on Friday April 17, 2015 @05:21AM (#9393114)
You are working in country which as to pay for things like roads, military, firemen, police, health services, schools, pensions using taxes from companies and citizens living there and this country is not seeing a single euro from you (which are taking advantage of the infrastructure paid by those taxes).

How would you expect this to be remotely legal ?

Sure, there are plenty of people doing that, just as there are companies registered in the Cayman or Gibraltar, or people having secret Swiss bank accounts.

Re:Fixing Italy, a little bit at a time by nodata on Friday April 17, 2015 @06:15AM (#9393290)
> How would you expect this to be remotely legal ?

The company is a separate legal entity.

The company pays corporation tax in the country where the company is registered, you pay income tax in the country you live, and then there is also vat.

Re:Fixing Italy, a little bit at a time by davidw on Friday April 17, 2015 @05:23AM (#9393124)
> How would you expect this to be remotely legal ?

If you pay taxes (in Italy, say) on the income from your company, wherever it happens to be.

I get the impression that it's all something of a legal gray area. It'd be a lot simpler if people could easily have companies in their own countries.

I'm all for paying one's fair share of taxes on income in the country you live in. What I intensely dislike about the laws in Italy surrounding companies is that there are all kinds of expenses that have to be paid even if you are losing money.

Re:Fixing Italy, a little bit at a time by mauricemir on Friday April 17, 2015 @06:27AM (#9393329)
Cross country working like this is tricky in the EU and its still a grey area legaly speaking

Its mainly about which country's employment laws apply.

Re:Fixing Italy, a little bit at a time by rmc on Friday April 17, 2015 @08:15AM (#9393788)
IANAL but the EU is supposed to be a common market. One (slowely integrating) community.
Re:Fixing Italy, a little bit at a time by pmontra on Friday April 17, 2015 @08:42AM (#9393896)
Common market but different fiscal regimes. It seems absurd but it makes sense when you think that each country is jealous of its fiscal incomes because they are what keep them running. In no way an Italy would let an Ireland grab its share of taxes only because Italian companies prefer to incorporate in Ireland because of lower taxation. Only a common EU fiscal regime will solve that, but think about the impacts on those countries that are spending too much and will have to change their speding patterns (from no more useless expenses to laying out public workers).