Davčne posledice prikrajnega dela v Evropi

• Čezmejni oddaljeni delavcu in davčno rezidence

EU citizens working remotely for employers in different countries face complex tax obligations. The general principle: employees pay income tax in their country of residence, where they maintain a permanent home and center of vital interests. However, a 183-day rule applies in many tax treaties—if a worker spends more than 183 days in a calendar year in one jurisdiction, they typically become tax resident there, regardless of employment contract location. A German resident working for a Dutch employer while physically working from Germany remains subject to German taxation despite the employer's Dutch registration.

Social security contributions add complexity: in most EU countries, employees pay contributions to the country where work is performed, not where the employer is registered. A French resident working for a German company but based in France contributes to French social security. However, posting workers (expatriate assignments) under EU regulations may allow continued contributions to the home country for up to 24 months. Portable documents (PD A1 forms) confirm which country's system applies.

Permanent establishment (PE) concerns typically apply to self-employed or business owners, not W-2 employees. However, if a remote worker establishes a fixed workplace (dedicated office) in another country, it could trigger corporate tax obligations. Most EU tax authorities accept home offices don't create PE. Practical tip: document your residency status (rent payments, utility bills, registration) and maintain clear employment contracts specifying work location and tax withholding responsibility.