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Hello,
I have a complicated question to ask and hope you have some wisdom to share.
If a Canadian organization has an employee working remote from Germany, are there tax implications for the employer or the employee?
More specifically, if the employee is a Canadian citizen that was originally hired in BC and moved abroad during the pandemic, may own a house in BC, but have been living abroad for over 2 years and has now established a home there, which address would the company need to put on the employees T4?
Thank you very much,Remote Work From Other Countries
These issues are concerning enough when the employee is seeking to remotely work from a different jurisdiction in Canada. The potential issues are compounded when the proposed jurisdiction is another country.Every country has different rules regarding the direct employment of a worker who may be working remotely for an employer in Canada. Some remote work for a short duration may be permitted under business or tourism visas. However, a full working visa may be required.
It is possible you, the employer, will be considered to be conducting direct employment in the new country, triggering corporate registration, payroll, statutory deduction and workplace insurance considerations. Also, an employee working remotely from another country may trigger tax consequences for both the employer and employee.
When an employee proposes a new country as a location for remote work, employers cannot assume any duration of work will be allowed and should fully review these issues.
You may be in a situation where you are exposed for not paying EU employment taxes as well as German payroll taxes.
We would recommend sending the T4 to the Canadian address and looking into the employment relationship you currently have, as your employee is no longer a digital nomad and has established residency abroad.
Thank you, Rick.
I appreciate your quick and fulsome reply. Hope you have a lovely holiday season.Hello Rick,
If we decide to terminate this individual, would there be an issue using the following language?
Due to economic conditions and the risks involved with employing individuals living outside of Canada, we will be terminating employment.No, you had hired the employee to work in Canada. You had allowed for remote work during the pandemic, you did not allow for a permanent move. You may want to offer transitioning the employee to a contractor position if you wanted to keep the employee and eliminate your liability, but moving to another country is a clear frustration of contract. The employee may respond that you have allowed it up to this point, but I think you could reply that his/her working in Europe has made it so the business would have to absorb unique tax and payroll liabilities it cannot take on.
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