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If I were to reside full time in Austria but work 100% (full time not contract) how do I resolve the potential double taxation problems, specifically social insurance and income tax. I'm a UK citizen.

Does anybody have direct experience of Austria (home office ) -> Germany ( Company ) full time employment?

Ideally the company would arrange everything under the Austrian system but I do not know if that is even possible. The worst case is getting into a tussle between two competing revenue collection agencies. There must some precedents and processes for handling this exact situation.

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  • Have you tried asking such German company what things you have to consider?
    – DarkCygnus
    Commented Feb 19, 2018 at 17:34
  • It is better to be informed beforehand. But yes the company will be asked. Commented Feb 19, 2018 at 18:33
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    Do you understand German? The information you need is documented there: media.arbeiterkammer.at/tirol/Wirtschaft/… If you don't understand German please ping me and I will try to translate the relevant parts. See also this one: arbeiterkammer.at/beratung/steuerundeinkommen/…
    – Étienne
    Commented Feb 19, 2018 at 21:25
  • Mein Deutsch ist ok für Bier und Spaß aber für so ein Dokument es geht nicht. But I have people who can help me. Thanks for the link. Commented Feb 19, 2018 at 22:30
  • That document was a perfect find. Google translate did a horrible job but point 2 seems most relevant and I think I understand. Basically an EU company ( or Swiss ) can pay salary exactly like a local company and pay SV and LST directly to the Austrian authorities. No umbrella company required. Commented Feb 20, 2018 at 7:44

2 Answers 2

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Information derived from Étienne's Comment

In summary either the employer directly submits the social insurance to the relevant Austrian authorities or the employer hands over all the money, gross salary plus employer social insurance contributions, to the employee who in turn submits the amount themselves to the relevant Austrian authorities. The below link ( in German details the process )

https://media.arbeiterkammer.at/tirol/Wirtschaft/MB_Arbeiten_ausl_AG_2015.pdf

Specifically Part 2 in the linked document is most interesting, translated into English.

Employers from EU/EEA countries or Switzerland:

In this case, the employer is in principle obliged to provide both the employee as well as the employer's social security contributions to TGKK, and to pay the remaining amount (gross minus SI) to the employee. However, there is a possibility that the employer and the employee may not be in agreement concludes a written agreement (according to Article 21 paragraph 2 of Regulation 987/09), according to which the employee pays the social security contributions himself/herself and in return, the employer undertakes to provide the employee, in addition to the employer' s gross salary, the employer's contribution. The employee is responsible for then the employer's contribution (21.7% for workers and 21.83% for employees) and its own contribution (18.2% for workers and 18.07% for salaried employees) to the TGKK. These contribution rates are valid from an income of € 1,497 gross to to the maximum contribution basis (€ 4,440. -). The exact contribution amounts can be found on the homepage of the main association of social insurance companies. If the employee concludes a written agreement with the employer over the payment of gross wages plus employer contributions, he/she can easily verify whether he/she is covered by social security, as he/she has it in his/her own hands, checking the social security contributions to be discharged. In the event of non-payment of contributions to the employee, the employee must themselves take action against the foreign employer. In addition to this written agreement, form (EUVereinbarung nach Art. 21 VO 987/2009) should be submitted. It can be found on the TGKK homepage.

Translated with DeepL

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Ideally the company would arrange everything under the Austrian system

No. LEGALLY the company HAS TO arrange everything under the Austrian system. Otherwise they are simply not following the law. You are in Austria, working as employee in Austria - Austrian law applies.

Easiest to use an umbrella company. That is a company that hires people and then invoices the "real company" - otherwise they will have to open an office, legally, in Austria, which may end up costing them more.

Other way is not to hire you, but to contract you (as self employed) - but then you not sure how austria handles that. Germany does not like that unless you can proof you are actually independent.

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