Wednesday, January 28, 2009

Working down a coal mine...

Another thing that is frustrating me is trying to sort out the best/most economical way to be employed here. The main problem is that the tax and national insurance burden on employers is so heavy that schools will do anything to avoid issuing a contract of employment. There are four main ways to be employed:
on a regular contract as an employee – next to impossible to obtain because as well as paying your salary, the employer has to make substantial contributions to the social security system (INPS) on your behalf, provide sickness and holiday pay, and pay two extra (half-)month bonuses (one in the summer and one at Christmas);
on a project contract – for a fixed length of time or fixed number of hours at a fixed salary over a longer period but not exceeding 183 days a year (eg a long term temporary contract). If you do work for more than 183 days (and it's not clear whether it's actual working days or days living in Italy) then you automatically become resident for tax purposes in Italy. The employer deducts 20% of the gross as pre-payment of tax and you have to make a tax return at the end of the year (if you earn less than 30,000 euros a year) or every quarter (if you earn more) which in turn means employing an accountant. Provided you don't earn more than 5,000 euros you don't have to pay INPS but once over that amount you have to be registered. Employers like these contracts because they can write almost anything they want to into such a contract – so employee beware!;
on an occasional contract – for a fixed number of hours or one specific project only but not for regular ongoing work (ie. short-term temporary work). These contracts can only be used three times a year and for total payment not exceeding 5,000 euros. Again 20% is deducted as tax.
as an independent contractor – for this to happen you have to open a Partita IVA which is the equivalent of registering for VAT. Sounds good but here's the rub. In your first year you not only have to pay 30% of your gross income as tax but also 28% of your net income as INPS. You can deduct expenses against tax (not that there are many of these as a teacher) but effectively it means in your first year you hand over 50% of your income to the government – and, unless you are in your twenties, you will never see any benefit from your payment into the social security system (in fact most Italians believe that they will not receive a state pension worth more than peanuts even though they have paid into the system all their lives).
The other way is to use your British national insurance number and sign a declaration that you will declare all your income in the UK and pay tax on them there. This is not illegal but neither is it in the spirit of the law and again it is limited to 183 days a year.
A complication in all this is that the Italian tax year runs from January to December whereas the British tax year runs from April to March.

And if you think I'm being unduly negative, read the comments from Mr Jam. He knows what he's talking about.

1 comment:

Anonymous said...

Hi Shiralee, acording to my knowledge, 183 refers to days of residence in italy (in china they count 180) it means if you stay more than 183 days in a year in italy,then you become a tax payer.
Now,there is another rule so if you expat (my case) or you holds a residence registration abroad (in UK,your case) if the country where you legally take redidence -China is my case,UK is yours- is in a blacklist such as switzerland,barbados and many others they believe you use only for no-tax purpose YOU have to provide upon request proof of you NOT ONLY stay outside italy more than 365-183 days BUT also you do not have any vested interest (hope is good translation) in italy such as an employment,holds positions in companys such as president,ceo etc and many other things can be used agains you.
BUT if the country is not blacklisted (actually i'll check UK and let you know)is a little better in your case since you clearly will earn money in italy and this can be always be questionned and a LOT better in my case specially because I,ve registerd in my consulate a working contract fully legal and operational as VP in a 100% chinese LTD, as such it is automatic assumtion I pay here tax,not i italy.
They have to prove I have any questionable income in italy-which i don't have or prove i stay abroad less than 186 days in an year.
In my case very easy to check since China,you will have entry/exit visa stamped in your passport but for you can be trichy since you don't need this visa stamp.
A suggestion,always keep your tiket AND boarding pass.
Now,in your case the only practical way to overcome all this is to use NOT an UK VAT as PROFESSIONAL but an UK ltd .
So nominally you will be an employe (doesnt matters if you are alse the owner)in this foreign LTD and as such just working in italy for your company.
You earn by definition your money in UK and you will then follow in UK the UK rules wich -even if I'm not 100% familiar with-seems to be much more reasonables than these italian craps.
Actually,you will be in a position similar mine,because I work for a foreign ltd so they assume i earn my money in China(actually is true).
About the schools, I do believe they not proficient in financial/tax issues but for them no much change:they will receive a normal commercial invoice from your UK ltd and they will clear it by bank transfer as they I bet do actually,since cash is these days not existant in commercial transactions and bank checques...well normally i stay away from them.
Hope my contribution is of any help for you...
Mr.jam