non-resident freelance, Spain-France frontier
Thread poster: MONICA DOMINGUEZ
MONICA DOMINGUEZ  Identity Verified
Spain
Local time: 02:57
English to Spanish
+ ...
Nov 23, 2007

Hello Everyone:

My case is a peculiar one. I need to set myself up as a freelance translator, but there are some things to take into account:
-I am Spanish, but live in French territory, just at the frontier.
-I speak little French, but I manage.

Does anyone know if I can be a freelance in Spain, living in France?
Is that more beneficial talking about taxes and social security charges?
Have you heard about "partage salarial" in France?It looks appeal and low risk. Doe sit really work?

I appreciate your advice and info

Thanks a lot

Mónika


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Angela Arnone  Identity Verified
Local time: 02:57
Member (2004)
Italian to English
+ ...
I dont' think so Nov 23, 2007

If you try to register your business in Spain, won't they ask you for your address?
If your address is in France, you're a French resident so you need to pay taxes to France, for living there. I can't imagine the Spanish authorities can issue you with VAT codes and take you taxes if you don't actually live in Spain.

If that were possible, I think everyone would register where tax was lowest!

Let's see what the others think.

Angela


Mónika Domínguez wrote:

Hello Everyone:

Does anyone know if I can be a freelance in Spain, living in France?
Is that more beneficial talking about taxes and social security charges?
Have you heard about "partage salarial" in France?It looks appeal and low risk. Doe sit really work?

I appreciate your advice and info

Thanks a lot

Mónika


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Lawyer-Linguist  Identity Verified
Portugal
Local time: 01:57
Dutch to English
+ ...
Angela is right .... Nov 23, 2007

In the EU, it doesn't matter how close you live to the border, your residence for tax purposes is determined - in broad terms - by where you actually live for 183 days of the year (and incidentally has nothing to do with the language you speak).

There are some other rules to take into account, but that is the main one for starters in the EU.

Even if you try and shelter behind a corporate veil by establishing a Spanish company, the French authorities could quite easily lift that veil and determine that it was just a ploy to avoid paying the higher taxes (I have no idea whether they are actually higher, but if that was your intention it would be easy enough for them to prove it, especially given your location).

Others will tell you to go ahead, that no-one is keeping actual track of all this, but do so at your peril. As the translation industry becomes more regulated - as it is becoming with moves towards the creation of chartered linguist status in the UK, for example - tax authorities will start cracking down on freelance translators very soon.

In fact, I think it was one of our colleagues here (Robin perhaps) who recently announced the crackdown on those in Germany is already planned for the near future.

My advice: see an accountant and get proper advice, don't rely on what others may urge you to do here. They won't be around if the proverbial manure hits the fan.

Best of luck
Deborah

PS: This should not be construed as "be-all-and-end-all" legal advice, just some practical advice from someone who happens to be a lawyer

[Edited at 2007-11-23 17:38]


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MONICA DOMINGUEZ  Identity Verified
Spain
Local time: 02:57
English to Spanish
+ ...
TOPIC STARTER
transfrontier workers Nov 25, 2007

First of all thanks a lot for your advice.

The reason why I am hesitating between both countries is due to my actual status of transfrontier worker, that means. I live in France and work for a Spanish enterprise, which pays my social security to the spanish government although I benefit from the French social security system and pay the rest of my taxes in France _even though I have a spanish ID and can only vote in the local elections for my guildhall in France.

On the other hand, I went to a public advisor in Spain who spoke about this special regime of those who live in one country and develop the professional tasks in another. He explained this can be me in case I take up lessons in Spanish companies and issue bills for them. Thus, I would be subject to a much higher tax than those developing the same activity and living in spanish territory.

It is not an easy matter in any case. And I dare say I very much prefer if I had just one option.

Furthermore and talking about the French option. I am still unclear about the issue of "patronage". It looks appealing but I would like to hear opinios from anyone who is under this regime.

Regards,

Mónika


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non-resident freelance, Spain-France frontier

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