working for a German employer in the USA through home office
June 3, 2011 | 25,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
My husband is being sent to the USA by his employer. An L-1A visa is being applied for. The children and I are planning/want to follow with an L2 visa.
I am currently working for a German company that does not have a presence in the USA (only a joint venture). My company is reluctant to do without my work. Therefore, I would like to explore what possibilities exist:
- Can I live in the USA and operate my home office from there?
If yes: where will taxes etc. be due?
- Can I provide 'unpaid' advice to my employer from the USA?
- Can I officially remain living in Germany and work remotely from there with a laptop, wherever I happen to be (occasionally in Germany and occasionally in the USA)?
- Are there any other legal possibilities that I am not thinking of at the moment?
Dear Seeker of Advice,
Thank you for your inquiry. I would like to answer it as follows:
1. Am I allowed to live in the USA and operate my home office from there?
This is certainly possible, but you would need to coordinate with your employer. If they agree, there should be no issue.
2. If yes, where will taxes etc. be due?
Taxes will initially still be due in Germany as usual. Whether they will also be due in the USA would have to be evaluated on a case-by-case basis and cannot be determined without knowledge of your overall tax situation in an initial consultation.
However, it is important to note that there is a double taxation agreement between Germany and the USA, so you will likely only have to pay taxes in the USA if they are higher than those due in Germany. It would then be for the excess amount.
3. Am I allowed to advise my employer from the USA without compensation?
If you were allowed to do so otherwise, I see no problem.
4. Can I officially continue to reside in Germany and work remotely from there with my laptop, wherever I happen to be (sometimes in Germany and sometimes in the USA)?
Yes, as long as you coordinate with your employer (as mentioned above in 1.)
5. Are there any other legal possibilities that I am not currently aware of?
For this, the precise tax situation, duration of stay, specific activities, whom they are for, etc. would need to be known.
You should definitely consult a local tax advisor to clarify this question conclusively.
I hope I have been able to provide you with some initial legal guidance and wish you much success and all the best!
I would like to point out the following:
The legal advice I have provided is based solely on the information you have provided. My response is only an initial legal assessment of the situation, which cannot replace a comprehensive assessment of the facts. Adding or omitting relevant information can lead to a completely different legal assessment.
I hope my explanations have been helpful. Feel free to contact me with any further questions.
I wish you a pleasant Friday afternoon!
Kind regards from the North Sea coast,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney-at-Law
Stresemannstr. 46
27570 Bremerhaven
kanzlei.newerla@web.de
Fax. 0471/140244
Tel. 0471/140240 or 0471/140241
