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Old 14th Dec 2012, 07:33
  #85 (permalink)  
dannyalliga
 
Join Date: Jun 2009
Location: monaco
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New contracts are subject to the EU regulation but if you are resident in another EU state you can choose to pay these taxes in your state of residence ( for this you need to file an A1 form with your state of residence ) once this form is accepted by the authority's in your state of residence it authorises the company to pay your social taxes to the state of residence.
A and C, the usual lot of superficiality from you...I very well know that EU,TAX,Social Security,National labor laws and so on are boring and complex subjects but I strongly suggest you seek professional advise before believing what some one sided accountant tells you.
One Example?The Irish Finance Act 2011 of which I give you one interesting link to demolish your cast in stone beliefs:

FINAK - The Guide to Finance Act 2011 - 16. Tax treatment of flight crew in international traffic.

Of course I could post other links from other EU countries solely about tax and air crews but you would have to be able to read and understand another language apart from english....

But let's move to social security now: you say that your employer based in A country can pay social security for you in a B country.....well not correct for most EU countries because in order to be able to pay into a system your employer must be registered as an EMPLOYER in the country where it is to make social contributions.
What does it mean being registered as an EMPLOYER then?Well it all starts with abiding by the national labor law for instance which include things like pension, national healthcare but also things like maternity/paternity leave (how does that go along your company's contract and roster practices for instance?), unemployment benefits (this has to be requested by your employer and how can a foreign employer ask for unemployment benefits from a different country?), study special permits (try tell your English or Irish employer that by law you must have specific days off due to university exams) and other conflicting issues along these lines.

Another interesting piece of EU legislation that no one seems to know about is dated 2008, therefore well before the new EU law about social security and the well known 28 june 2012 date, which is this one:
http://eur-lex.europa.eu/LexUriServ/...03:0020:EN:PDF
Please note paragraph 9 on page 1.
Based on the above law there are a few countries that are going after companies and individuals who thought that the bilateral agreement is the only piece of legislation that applies.

The story is unfolding as we speak but a word of warning is necessary to those like A&C who think that one can freely work in one country while not paying taxes there, not contributing to social security there, not abiding by labor laws there and so on in a medieval escalation of social dumping.
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