Charge UK Client as Toiminimi or as UK Self Employed?

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andycheeseman
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Charge UK Client as Toiminimi or as UK Self Employed?

Post by andycheeseman » Mon Jan 12, 2015 9:52 pm

I'll be moving to Finland, but doing work for a number of UK clients. Film and design work, so a majority of the work will be carried out on UK soil.

Under these circumstances, as long as I note this as foreign income on my Finnish tax return, and pay my social security in the UK; can I continue to operate primarily as a UK sole trader (no ALV, YEL etc)?

I asked a lady on the phone today at Vero and she didn't have an answer. :?


Thanks,
Andy.



Charge UK Client as Toiminimi or as UK Self Employed?

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betelgeuse
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Re: Charge UK Client as Toiminimi or as UK Self Employed?

Post by betelgeuse » Mon Jan 12, 2015 10:48 pm

andycheeseman wrote:I'll be moving to Finland, but doing work for a number of UK clients. Film and design work, so a majority of the work will be carried out on UK soil.

Under these circumstances, as long as I note this as foreign income on my Finnish tax return, and pay my social security in the UK; can I continue to operate primarily as a UK sole trader (no ALV, YEL etc)?

I asked a lady on the phone today at Vero and she didn't have an answer. :?
You should at least qualify how this thread is different from the multiple previous threads of yours such as viewtopic.php?f=37&t=87751&p=538772#p538772

Didn't we already accomplish that you do not note your foreign income on Finnish tax return if you are UK tax resident?

If you have UK tax resident then social security will also fall on UK:

http://ec.europa.eu/social/main.jsp?langId=en&catId=851

andycheeseman
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Re: Charge UK Client as Toiminimi or as UK Self Employed?

Post by andycheeseman » Mon Jan 12, 2015 11:56 pm

Hi,

As interwoven as my questions are, I'm trying to pose different focus points on each thread to attract different discussions. i.e...
  • Charge UK Client as Toiminimi or as UK Self Employed?
  • UK Double Taxation Treaty - But Monthly Payments in Finland

I do have to list my worldwide income on a Finnish tax return though, as I'll be living in Finland for more than 6 months.

My question in this thread really concerns which country I bill my invoices from. I asked Vero today and they were unable to provide an answer.

Finland has a much lower threshold for VAT (around 8000 EUR), so billing from Finland will negatively impact my relationship with non-VAT registered customers in the UK; adding 24% onto their invoices that they won't be able to reclaim/offset.
Read more at http://www.taxationweb.co.uk/forum/view ... 1yhxuLP.99

Rosamunda
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Re: Charge UK Client as Toiminimi or as UK Self Employed?

Post by Rosamunda » Tue Jan 13, 2015 4:00 pm

Why don't you just have a limited company in one country and do all your invoicing from there? If your customers are in the UK, it probably makes sense to invoice from the UK to avoid the forex costs and to avoid Finnish VAT. I don't understand why, from the outset (ie your other threads), you are hellbent on having a toiminimi.

Personally I find it so much easier to keep business and "me" separate. My invoicing is through my Oy and if I earn a salary (some places where I work prefer to have me on their payroll) then that goes to my personal account. I think the whole "toiminimi" thing in Finland is quite complicated and not particularly flexible.

You seem to be confusing personal taxation with business taxation which makes everything very confusing. As a Finnish resident, your worldwide personal income is taxable here.

If you are resident in Finland then you are de-facto not resident in the UK. Therefore, I see no reason why you would pay NI contributions in the UK. From a welfare point of view (health, unemployment, pensions) you would come under Finnish benefits once you are resident here.

betelgeuse
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Re: Charge UK Client as Toiminimi or as UK Self Employed?

Post by betelgeuse » Tue Jan 13, 2015 8:17 pm

Rosamunda wrote: Personally I find it so much easier to keep business and "me" separate. My invoicing is through my Oy and if I earn a salary (some places where I work prefer to have me on their payroll) then that goes to my personal account. I think the whole "toiminimi" thing in Finland is quite complicated and not particularly flexible.
I don't think toiminimi is complicated. However, I have found that there's less information available for it than for Osakeyhtiö.
Rosamunda wrote: You seem to be confusing personal taxation with business taxation which makes everything very confusing. As a Finnish resident, your worldwide personal income is taxable here.

If you are resident in Finland then you are de-facto not resident in the UK.
This is not correct. It's possible to be considered resident under the legislation of multiple countries when one splits time between multiple countries. The tax treaties have clauses to deal with these situations. It's correct to say that as Finnish tax resident your worldwide personal income is taxable. See the thread I linked for more information.

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Pursuivant
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Re: Charge UK Client as Toiminimi or as UK Self Employed?

Post by Pursuivant » Tue Jan 13, 2015 8:40 pm

If the trouble is that you need to show "income" in Finland to get registered etc. ?

OK, so the company in UK, ACheeze Ltd (not a sole trader but a ltd) does all the business etc. You need to organize a dropbox service to have your mail scanned etc. etc. But thats the UK. Then the ACheeze Ltd either a) sends his worker Andy Cheese to Finland or b) buys services from tmi Antin Juusto run by Andy Cheese... Now a) will put you in limbo (but gives the lucrstive business deductions) whereas b) gets you a mundane Finnish life. As long as you fiddle it so that hhe owner of ACheeze Ltd doesn't get raped by VERO... I'd establish a company in Estonia actually and "live" in Tallinn
"By the pricking of my thumbs,
Something wicked this way comes."

andycheeseman
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Re: Charge UK Client as Toiminimi or as UK Self Employed?

Post by andycheeseman » Tue Jan 13, 2015 10:53 pm

Rosamunda wrote:I don't understand why, from the outset (ie your other threads), you are hellbent on having a toiminimi.
I hadn't considered that I can just file a personal tax return. I thought you had to at least be a toiminimi to do this.

Rosamunda wrote:If you are resident in Finland then you are de-facto not resident in the UK.
In the UK the calculation is different than Finland. Residency isn't just based on time spent in the country. Factors can include family ties, previous residency, available homes, days worked in the UK etc. KPMG's flowchart is useful below to illustrate this.

https://www.gov.uk/government/uploads/s ... /hs302.pdf
https://www.kpmg.com/UK/en/IssuesAndIns ... ay_acc.pdf

Rosamunda wrote: I see no reason why you would pay NI contributions in the UK. From a welfare point of view (health, unemployment, pensions) you would come under Finnish benefits once you are resident here.
I can continue to pay in the UK and use the A1 form to satisfy my Finnish social security arrangement. Doing it this way, I keep all my pension information in one system. It wouldn't have affected my pension entitlement either way (it would have been collected from all the EU 'pots' anyhow).

I also feel a little safer being one step closer to the NHS (UK health service) because of this. I have an ongoing medical issue and contact with doctors in the UK that know my history. I know that feeling a 'little safer' is illogical however, as NHS treatment is based on residency, not social security contributions. But hey, 'you can take the man out of Blighty'...

https://www.gov.uk/voluntary-national-i ... tributions
http://europa.eu/youreurope/citizens/wo ... dex_en.htm


Sorry for the going round in circles on this, but I think I'm arriving at a level of understanding on my situation with the help of everyones input.

andycheeseman
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Re: Charge UK Client as Toiminimi or as UK Self Employed?

Post by andycheeseman » Tue Jan 13, 2015 11:00 pm

betelgeuse wrote:It's correct to say that as Finnish tax resident your worldwide personal income is taxable.
Just out of interest. Is there any exacting terminology we could be using to help define the different 'types' of residency?

Type 1 = 'I live here' Resident - "I'm a resident of Helsinki. I love living by the sea."
Type 2 = 'Tax' Resident - "I am tax resident in Finland, so I file tax returns there."

Or is it like you say, just resident and tax resident?

andycheeseman
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Re: Charge UK Client as Toiminimi or as UK Self Employed?

Post by andycheeseman » Tue Jan 13, 2015 11:04 pm

Pursuivant wrote:If the trouble is that you need to show "income" in Finland to get registered etc. ?
No. I'm not particularly concerned about registration. (Though I'll come back to this thread and eat my hat if I need to).

I should be earning enough to support myself, I have a Finnish girlfriend of 6 years and I'm from within the EU.

andycheeseman
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Re: Charge UK Client as Toiminimi or as UK Self Employed?

Post by andycheeseman » Tue Jan 13, 2015 11:08 pm

Pursuivant wrote:I'd establish a company in Estonia actually and "live" in Tallinn
But think of all those ferry crossings! :)

betelgeuse
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Re: Charge UK Client as Toiminimi or as UK Self Employed?

Post by betelgeuse » Wed Jan 14, 2015 1:04 am

andycheeseman wrote:
Rosamunda wrote:I don't understand why, from the outset (ie your other threads), you are hellbent on having a toiminimi.
I hadn't considered that I can just file a personal tax return. I thought you had to at least be a toiminimi to do this.
A sole trader in Finland files both a business tax return and a personal tax return. Things that freelancers do in Finland can usually be done both without registering and as a registered sole trader. In the former the employer will take care of withholding taxes and the other bureaucracy. For the latter the bureaucracy is on you personally. The resulting taxation is different for the two models.
andycheeseman wrote:
betelgeuse wrote:It's correct to say that as Finnish tax resident your worldwide personal income is taxable.
Just out of interest. Is there any exacting terminology we could be using to help define the different 'types' of residency?

Type 1 = 'I live here' Resident - "I'm a resident of Helsinki. I love living by the sea."
Type 2 = 'Tax' Resident - "I am tax resident in Finland, so I file tax returns there."

Or is it like you say, just resident and tax resident?
In Finnish it's easy to differentiate since the different words used in your contexts are clear

Type 1: The Aliens Act talks about oleskelu (oleskelulupa = residence permit). oleskelu means being somewhere. However, it's not valid to say I am a "oleskelu". I'm a resident of Helsinki translates to Asun Helsingissä which translates back as I live in Helsinki.
Type 2: verovelvollinen = someone liable to pay tax.

I will continue to use resident and tax resident in English since both are terms used by the Finnish government.

andycheeseman
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Re: Charge UK Client as Toiminimi or as UK Self Employed?

Post by andycheeseman » Wed Jan 14, 2015 2:59 pm

I have emailed IntoFinland (VERO + KELA) and they have said that I'd just need to fill out my UK income on my pre-filled Finnish personal tax return in April.

Rosamunda
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Re: Charge UK Client as Toiminimi or as UK Self Employed?

Post by Rosamunda » Wed Jan 14, 2015 6:47 pm

....so that they can add it to any Finnish income you have and tax you on the whole lot.

I think it might be an idea to go to the Info office in Vantaa and have a face-to-face conversation with them.

betelgeuse
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Re: Charge UK Client as Toiminimi or as UK Self Employed?

Post by betelgeuse » Wed Jan 14, 2015 7:24 pm

andycheeseman wrote:I have emailed IntoFinland (VERO + KELA) and they have said that I'd just need to fill out my UK income on my pre-filled Finnish personal tax return in April.
Their answer assumes you are Finnish tax resident.

andycheeseman
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Re: Charge UK Client as Toiminimi or as UK Self Employed?

Post by andycheeseman » Thu Jan 15, 2015 9:49 pm

Yes, I would be tax resident if I stay longer than 6 months. I'd basically pay my taxes in Finland; then when I'm due to pay taxes for the same period in the UK, I just get a credit note from Finland.

I contacted the adviser again to double check that this is the correct procedure for declaring foreign income when the only income is foreign; and she said yes.

She provided me with the following forms...

'Application for Prepayment and for Change in Withholding Tax Percentage' - To be completed on arrival in Finland.
'Explanation of Oversees Income' - To attach to the pre-completed tax return.

The lady also advised that I pay a local tax office a visit when I arrive.


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