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Contract issue - moving outside Ireland

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  • 25-05-2019 9:05am
    #1
    doubts
    Registered Users Posts: 4 ✭


    Morning all,

    I am IT contractor and I am planning to move to Netherlands but would like to continue working with my client. My client has said yes to this, but now I have to deal with my agency.

    Actually, I have two agencies in the middle: my LTD > agency1 > agency2 > client.
    The agency1 doesnt have office in NL, while the agency2 does.

    I am not sure how to deal with this situation, as I dont think agency1 can offer me a contract with the new LTD I will open in Netherlands. And I have a clause saying that I cannot work directly for agency2 unless I have a writing agreement with them or I let 9 months pass.

    How do you guys think I should approach this? Talking to agency1 first, and seek that they can't offer me this, so they can't deny me working with agency2 directly? Or talking to agency2 so they can talk internally with agency1 and make an agreement?

    Any ideas welcome!
    Thanks!


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    #2
    Glass fused light
    Registered Users Posts: 1,576 ✭✭✭Glass fused light


    Keep your current limited company and continue on with the client.
    Run new business through the new company.
    Get a tax accountant to sort out your personal tax between Ireland and NL


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    #3
    doubts
    Registered Users Posts: 4 ✭doubts


    Glass fused light wrote: »
    Keep your current limited company and continue on with the client.
    Run new business through the new company.
    Get a tax accountant to sort out your personal tax between Ireland and NL

    That doesn't work for me: I would have to pay two accountants (one in Ireland and one in NL), and I won't be able to apply for 30% ruling tax in NL. What I need is maintain the Irish one slept, and move everything to the NL one.


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    #4
    OMM 0000
    Registered Users Posts: 3,733 ✭✭✭OMM 0000


    This is quite a ridiculous situation.

    You work for yourself, yet you have two agencies sitting between you and your customer taking a cut.

    It must be very frustrating for you.

    Because you're leaving Ireland, and out of the Irish legal jurisdiction, can you not just work directly for the employer?


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    #5
    doubts
    Registered Users Posts: 4 ✭doubts


    OMM 0000 wrote: »
    This is quite a ridiculous situation.

    You work for yourself, yet you have two agencies sitting between you and your customer taking a cut.

    It must be very frustrating for you.

    Because you're leaving Ireland, and out of the Irish legal jurisdiction, can you not just work directly for the employer?

    Indeed is quite ridiculous, but the employer doesnt want to sign contracts directly, and between the agencies exist a no-aggression policy. So I have no options.

    Anyway, it is all sorted. Agency1 will take care of the changes :)


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    #6
    srsly78
    Registered Users Posts: 7,157 ✭✭✭srsly78


    The dutch tax break only applies to permanent employees in NL - not to self-employed contractors.

    Also you are screwed because of the agencies, they will have water-tight contracts with your client preventing you from bypassing them. You probably don't realise but they also take a large chunk of your wages.

    In future to avoid this don't involve agencies.


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    #7
    doubts
    Registered Users Posts: 4 ✭doubts


    srsly78 wrote: »
    The dutch tax break only applies to permanent employees in NL - not to self-employed contractors.

    Also you are screwed because of the agencies, they will have water-tight contracts with your client preventing you from bypassing them. You probably don't realise but they also take a large chunk of your wages.

    In future to avoid this don't involve agencies.

    You are wrong about the dutch tax. I am an employee of my own company. If I create the LTD remotely and I recruit myself from abroad, I can get the 30% rule.

    I know the agencies are getting part of my wage, but I am happy enough. I get quite a lot, even with them in the middle. And I wouldnt be able to get to my client without them, so... so be it.


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    #8
    Jim2007
    Moderators, Business & Finance Moderators Posts: 10,305 Mod ✭✭✭✭Jim2007


    OMM 0000 wrote: »
    This is quite a ridiculous situation.

    You work for yourself, yet you have two agencies sitting between you and your customer taking a cut.

    It is not ridiculous at all, in fact it is very common in Europe. It is very expensive in Europe to set up an agency if you want to have all the bells and whistles. So some of the smaller agencies piggy back on the licences and approvals of the bigger agencies.


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    #9
    Jim2007
    Moderators, Business & Finance Moderators Posts: 10,305 Mod ✭✭✭✭Jim2007


    Glass fused light wrote: »
    Keep your current limited company and continue on with the client.
    Run new business through the new company.
    Get a tax accountant to sort out your personal tax between Ireland and NL

    Makes no sense.


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    #10
    Glass fused light
    Registered Users Posts: 1,576 ✭✭✭Glass fused light


    Jim2007 wrote: »
    Makes no sense.

    Only if there was an option other than to loose the client as it could not be transferred, a bird in the hand and all that.


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