US Citizen working remote

[B&C2017 123]

Hi guys,

 

My husband is a US Citizen and we’re both currently living abroad together. 
 

He’d potentially have the possibility to start a job in the US, but the staff off this company will work remote until September. 
 

Does anyone of you know if he’s allowed to be employed by a US company based in the US and work remote for them while living - and being registered as resident - in a foreign country?

 

Since he’s a US citizen he’s obviously allowed to work in the US and he also has a work permit for Switzerland. So that shouldn’t be a problem. We’re just not sure if there are any other legal aspects that wouldn’t make this possible.

 

Thanks in advance for your help.

 

 

Edited May 24, 2020 by B&C2017

[Crazy Cat 39,375]

5 minutes ago, B&C2017 said:

Does anyone of you know if he’s allowed to be employed by a US company based in the US and work remote for them while living - and being registered as resident - in a foreign country?

Not an issue as long as he complies with US tax law.

[B&C2017 123]

8 minutes ago, Lucky Cat said:

Not an issue as long as he complies with US tax law.

That’s great, thank you for the information. He’s always payed US taxes while living abroad and would obviously report the US income in the future as well. 
 

I thought it wouldn’t be an issue as well, but then a friend of ours that works at the company’s HR department said that she doesn’t know if it will be an issue that he’s currently not a resident in the US. She said the company just had to fulfill some legal requirements when they hired a cluster of people in California so she’d imagine international gets more tricky.
 

I just can’t see what kind of legal requirements there would be if he’s allowed to work in the US, has a US bank account and will be moving to the US in September. And I’m even more confused what requirements there would have been to hire people from a different state!?! 

Edited May 24, 2020 by B&C2017

[Cyberfx1024 7,978]

16 minutes ago, B&C2017 said:

Hi guys,

 

My husband is a US Citizen and we’re both currently living abroad together. 
 

He’d potentially have the possibility to start a job in the US, but the staff off this company will work remote until September. 
 

Does anyone of you know if he’s allowed to be employed by a US company based in the US and work remote for them while living - and being registered as resident - in a foreign country?

 

Since he’s a US citizen he’s obviously allowed to work in the US and he also has a work permit for Switzerland. So that shouldn’t be a problem. We’re just not sure if there are any other legal aspects that wouldn’t make this possible.

 

Thanks in advance for your help.

 

 

Not an issue at all as long as he files taxes

[B&C2017 123]

Just read online that a US company - when employing my husband remotely - would become an employer in the jurisdiction where my husband would perform the work (Switzerland). Do you think this could be the legal problem? Would that mean potential tax requirements for the US company in Switzerland which I’m sure they wouldn’t want (as they’re only Texas based)? 
Or is this one of the cases where one shouldn’t listen to the “statements on the Internet”? 😄

[Crazy Cat 39,375]

7 minutes ago, B&C2017 said:

Just read online that a US company - when employing my husband remotely - would become an employer in the jurisdiction where my husband would perform the work (Switzerland). Do you think this could be the legal problem? Would that mean potential tax requirements for the US company in Switzerland which I’m sure they wouldn’t want (as they’re only Texas based)? 
Or is this one of the cases where one shouldn’t listen to the “statements on the Internet”? 😄

That's a question for the company's attorneys.........it is not a problem your husband should worry about....imho.😃

Edited May 24, 2020 by Lucky Cat

[Babu Frik 1,162]

It's a not a problem stateside, technically it's a problem in the foreign country because it's working there without permission.

Even checking email can be considered working in that country, but this is a whole other story, and not a concern of the US govt.

[Crazy Cat 39,375]

2 minutes ago, Babu Frik said:

It's a not a problem stateside, technically it's a problem in the foreign country because it's working there without permission.

Even checking email can be considered working in that country, but this is a whole other story, and not a concern of the US govt.

Agree.  From the standpoint of immigration for the OP, it is a non-issue......other than tax reporting.

[B&C2017 123]

18 minutes ago, Babu Frik said:

It's a not a problem stateside, technically it's a problem in the foreign country because it's working there without permission.

Even checking email can be considered working in that country, but this is a whole other story, and not a concern of the US govt.

He does have a work permit for Switzerland - he’s a legal resident here. But I think Lucky Cat is right. The company’s attorney should figure this out. I was just curious to see if it would even be possible (and my husband could tell the company he’d be available immediately on a remote basis). Thank you very much for your input though - much appreciated!

[Lil bear 3,840]

41 minutes ago, B&C2017 said:

Just read online that a US company - when employing my husband remotely - would become an employer in the jurisdiction where my husband would perform the work (Switzerland). Do you think this could be the legal problem? Would that mean potential tax requirements for the US company in Switzerland which I’m sure they wouldn’t want (as they’re only Texas based)? 
Or is this one of the cases where one shouldn’t listen to the “statements on the Internet”? 😄

Yes there will be implications of working for a non Swiss company but residing in Switzerland. My husband worked for a us company when we lived in Dfw but his work took him to Switzerland for extended periods .. he was running aviation maintenance training classes .. and his company had to get all sorts of Swiss paperwork done and comply with Swiss employment  laws .. So I agree with Lucky Cat .. and dont take a glib “ nah... it’s fine “ .. that’s too risky.  I’d be doing my own research including contacting Swiss Govt employment Department and asking questions without giving personal details. 

Edited May 24, 2020 by Lil bear

[B&C2017 123]

12 minutes ago, Lil bear said:

Yes there will be implications of working for a non Swiss company but residing in Switzerland. My husband worked for a us company when we lived in Dfw but his work took him to Switzerland for extended periods .. he was running aviation maintenance training classes .. and his company had to get all sorts of Swiss paperwork done and comply with Swiss employment  laws .. So I agree with Lucky Cat .. and dont take a glib “ nah... it’s fine “ .. that’s too risky.  I’d be doing my own research including contacting Swiss Govt employment Department and asking questions without giving personal details. 

Thank you so much for this information. I guess it would be easiest if he would just start in September - as he’ll be moving to the US then. I don’t think it’s worth the paperwork for 2-3 months ☺️

[Loren Y 2,732]

10 hours ago, B&C2017 said:

Thank you so much for this information. I guess it would be easiest if he would just start in September - as he’ll be moving to the US then. I don’t think it’s worth the paperwork for 2-3 months ☺️

You may want to consider that having a job as soon as you land in the US would be a good thing. If they plan on hiring him in September even if he doesn't work remotely for them, then I would say not to worry, but Having a job in place when you land in the country you plan to live in is a big bonus in my opinion, and if the paperwork isn't too bad I would do it. At the minimum check on it, you could find out that he can work remotely without anything for 90 days before having to file paperwork, and then that makes it an easy decision.

[SB5130 88]

13 hours ago, B&C2017 said:

Hi guys,

 

My husband is a US Citizen and we’re both currently living abroad together. 
 

He’d potentially have the possibility to start a job in the US, but the staff off this company will work remote until September. 
 

Does anyone of you know if he’s allowed to be employed by a US company based in the US and work remote for them while living - and being registered as resident - in a foreign country?

 

Since he’s a US citizen he’s obviously allowed to work in the US and he also has a work permit for Switzerland. So that shouldn’t be a problem. We’re just not sure if there are any other legal aspects that wouldn’t make this possible.

 

Thanks in advance for your help.

 

 

I dont think it would be an issue but he better read the terms of his contract/job offer.

 

I work virtual too and I dont have any requirement as to where I choose to work. But, my company requires me to full disclosure of my address and if I move.

[bobjennyhitched 99]

20 hours ago, B&C2017 said:

Hi guys,

 

My husband is a US Citizen and we’re both currently living abroad together. 
 

He’d potentially have the possibility to start a job in the US, but the staff off this company will work remote until September. 
 

Does anyone of you know if he’s allowed to be employed by a US company based in the US and work remote for them while living - and being registered as resident - in a foreign country?

 

Since he’s a US citizen he’s obviously allowed to work in the US and he also has a work permit for Switzerland. So that shouldn’t be a problem. We’re just not sure if there are any other legal aspects that wouldn’t make this possible.

 

Thanks in advance for your help.

 

 

I don't know what your husband does but if it's linked to Export Control (I work in this, Dual Use/Military Goods), he can't receive certain info or data to a country outside of the US. Otherwise I think as everyone else says above.

[kris&me 572]

https://www.congress.gov/112/cdoc/tdoc1/CDOC-112tdoc1.pdf

 

tax agreement with Switzerland information is here