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What are the legal features of remote work (as a sole proprietor / individual entrepreneur) from the Russian Federation to the USA?
In continuation of the question , I want to discuss the legal features of remote work for the United States from Russia.
There are many remote vacancies, including very funny ones, for example, updating production at night)
And the salary for remote vacancies is not much different from the usual ones.
In addition to hard/soft skills and language, the question remains how it all works from the legal side.
On this form , a certain Andrei T writes:
I worked for YuK , I think that there will be few differences.
A standard contract is concluded, in the case of a "full-time" position, it will most likely be a service contract with a time-based payment. The contract prescribes a list of the contractor’s duties, a schedule of presence at the workplace, the number of paid vacations (in my case, there was none, that is, at my own expense), national holidays (the country of the employer and / or the country of the contractor), the procedure for taking time off, the procedure termination (on whose initiative, in what terms it is necessary to notify), as well as the payment procedure (for what period, how many times a month, or even a calendar with numbers). It also stipulates in which court of jurisdiction (ie under the laws of which country) claims will be considered, for example, in case of damage. The contract can and should be read, and the desired additions and amendments should be sent, because initially, the conditions may not be ice (such as full personal liability for reputational damage to the employer or his clients, or a ban on working for the clients of the employer for a certain period, which, obviously, is not worth agreeing to). Often, these amendments and additional clauses are included as a separate annex so as not to change the contract itself.Then everything is signed, endorsed and the scans are sent by mail or fax. After a while, they send a paper version by DHL.
A paper version of the contract with seals is not needed in order to get started. It will be required for your bank in order for the currency control to allow the payment to be made to your account. For these reasons, it is recommended to make either a bilingual contract (on each sheet on the left - the English version, on the right - Russian), or make a notarized translation after receiving the paper original in English. It is likely that the bank will require the contract to be brought not immediately, but after receiving the second or third payment.
Regarding registration - it does not play any role, you can work as an individual and pay 13%, you can make an individual entrepreneur and pay 6%.If the conscience still remains, and there is a desire to compensate the Motherland for at least a small fraction of what it receives from you because of work for a foreign country, then it is easier to be an individual. In this case, the submission of the tax return and payment of taxes for the previous calendar year is carried out in April/May of the next year (for example, for 2014 the return is submitted in April 2015). The declaration is downloaded from the website of the Federal Tax Service or taken in paper form at the branch of the Federal Tax Service to which you are attached (in my opinion, at the registration address).
Payment is made as follows. According to the schedule established in the contract, the contractor sends:
1) an electronic invoice (PDF document), which indicates information about the contract under which payment is made,the amount of time worked for the period and the total amount of payment (in short, a plate with an accruing amount), as well as bank details, which are better to check with the bank, there is a lot of any information for international transfers
2) an act of acceptance of work performed , which indicates, again, No. of the contract, the amount of time worked and the amount of payment, as well as a very important maxim:
The above works (services) were completed in full and on time. The customer has no claims regarding the volume, quality and timing of the provision of services.
All services were performed to the required standards and in time. Client has no complaints against the volumes, quality and terms of the services.
On the act, the tenant must put his signature and seal
Signed and endorsed documents are sent after some time by DHL (moreover, they can be sent not every time, but in a bunch for a period). They may be needed for tax, bank, financial monitoring or in court.
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the recipient does not need to pay taxes in the United States,
but in the state (not the company, but the one in the United States) there is a Labor Inspectorate
and, if you are not lucky, it takes the employer by the balls with the words "what is this for Name Surname, to whom you wrote off the expense" ? And from that moment on, the employer becomes sad - he not only needs to prove that it is "in wild Russia it is like a legal entity, like a Sole proprietor in our opinion," but also justify that Social Security / Medicare does not need to be paid for it, and that in general he could hire him,
so even an offshore company (immediately monitored by the IRS) with the name BalBla Galera LTD is more attractive than Name Surname in statements
it’s really easier to do business in America: there is no VAT, losses can be written off from profit for three years, taxes before profit are show-off (something $ 600 to your favorite state - I’m not sure what it is in all states), but with hiring: all the same 40-50% - give both the state and the federal give and report, but give not yet $ 100 per week, but at the hourly rate of the corresponding qualification
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