How to freelance in Switzerland?

Finance, Taxes, Banking, Insurance and Retirement
101
I can do both... The specific piece of Swiss genius you are referring to is actually to protect the situation where a company is renting an employee out to another company. In other words a person employed by company a is paid by company b who rents them to company c who in turn pay company b - no direct relationship. This might sound convoluted but it is very common.

In this situation company b will always need to have a permit. Company a will need a permit if there is more than one person being paid on the payroll irrespective of who this is. If the person on the payroll is not a shareholder of the company then again there is an obligation. If however the shareholder of the company is only paid on profits and another shareholder works in a relationship as described above then no problem, no permit needed. The penalty for not having the permit is up to SFr. 100K. Typical fines are much lower for a first offence and you are a complete idiot if you get caught again.

Why does this exist. This is effectively a fund in place to ensure the social contributions of an employee in such a relationship are paid in the event the company a cannot meet its obligations and that salaries are paid. If this was not the case then the obligation would according to Swiss Law pass up the chain ie company B would then become liable. Hence any good company b will not have anything to do with a company a that does not have the required permit.

Now note this and its relevance. IF all the relationships ie contracts of company a are direct with company c then this is seen as a service and there is no need to have a permit.

102
Sorry to disappoint you but there are no places that allow this to happen. The law runs at a federal level as does almost all work related laws...

103
Hi All!

I’d be grateful for some advice regarding my visa application to work freelance in Zürich; perhaps somebody has gone through this procedure?

The lady at the Kreisbüro said something to the effect of, ‘apply and about 3 weeks later you’ll have a permit (although applications are processed differently depending on the persons situation, but you’re from England so there shouldn’t be any problem)’. Plus, discussions on this forum appeared to support the idea that it’s fairly easy to secure a permit.

Yesterday I received a letter form the immigration office asking to see proof of education (which I can provide as I finished my degree studies in England) and information regarding previous freelance work (which I can’t provide since I’ve only worked freelance on one occasion).

My cousin (who is French, now working long-term in Switzerland) recently added that he chose to go for a normal permit (the one which requires you to have a work contract) because there were too many formalities involved with working freelance; he would have had to provide a business proposal, and so on...

Question number 1: is my application likely to fail if I don’t have previous freelancing experience and, is there some information I can provide as an alternative? I’m registered with a recruitment agency and already in talks with several contacts regarding work, so I can’t see finding work being a long-term issue. (There's a little more info about my employment background to be found on my website, if helpful)

2: Am I likely to receive more such requests for information from the immigration office regarding previous/future freelance work; i.e. business plans...?

3. Is it possible to switch my application from freelance to contract work should it turn out that I’m not eligible for such a permit?

Your help/advice is much appreciated

Thanks in advance

Chris

104
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Having a work contract is important in order to get a permit. Whether it is a contract, permanent or freelance is not as important. I don't think they issue permits to anyone who does AHV/SVA paperwork and wants to be self-employed by registering at the local gemeinde.

Not sure if just being an EU national helps to get a permit to be self-employed.

105

Danny/Cas,

My experience has been all with Kanton Zug and must say it's been quite fruitful and rewarding. It took me about few weeks to go thru the whole thing and end up with B permit for 5 years. Mind you, am a dual citizen and inter alia have a citizenship from one of the new EU members that joined the EU in 2004. The steps involved:

1. Write a business plan with earnings forecasts, activities, potential clientele, plans for development, long-term vision. Took 9 pages all in all with the title page and table of contents.

2. Prepare the application form and other docs to be later submitted to the Auslaenderamt, found on http://www.zug.ch/kwa/32_0d_1b.htm

3. Get an address in kanton, aka rental agreement (it was a vicious circle whereby the rental agency is asking for a permit to rent out a place and you need a place to get an Einzelfirma and a permit). I did a small trick there.

4. Open Einzelfirma on the above-mentioned address. www.hrazg.ch

5. Submit the full application to the Auslaenderamt to get a permit.

Since i went as an EU-8 application i got the B for 5 years.

Then, of course, you'll be flooded with letters from advertisers as well as AHV Ausgleichkasse. That's when you'd have to prove your self-employment status (more than 2 clients, risk taking, contracts in your own name, etc..). Once the swell is over... you're in for quiet waters, for some time, hehe.

Guys, some of my buddies living here went a different way. Maybe even easier one. They just got in touch with an accountant, opened a GmbH (at least it's a separate legal entity off the bat and you won't have to prove your self-employed status). Then this accountant, who is also a lawyer, (apparently butcher, baker and candlestick-maker all in one package is quite popular here) submits application for a B permit based on the contract btw GmbH and your good self. Am sure that's the way for many EU and non-EU fellas here.

In this case, the Swiss are happy as they force you to pour some dough into their pastures via the deposit (20K) + Treuhand, aka accountant/lawyer, fees. And you get a long-term B permit.

Cas, i wouldn't fret about your lack of previous freelancing experience. And if you have an EU passport (Polish or British), getting an Einzelfirma and 5-year B permit should be a breeze. I overhauled your website, make sure you include it in the application. Cool, i was surfing some of aussie beaches too from Burleigh Heads in Queensland down to famed Bell's beach. And skiing is one of my favs too.

Laters

Groovy

106
Thanks, Groovy!

'Some much appreciated information.

I've written up a condensed business plan today, suggesting the immigration office get back in touch should they want something more complete.

Will keep everyone updated should I uncover anything useful.

Chris

107
Hello everyboby,

I live in Switzerland on a B permit (Dutch citizen), but for my job I am based in Kiev, Ukraine. My company is an Austrian company. Now everybody(Inc. Myself) is confused about where to pay the taxes and social securities etc.

However I,m thinking about starting my own one man company, contracting my skills as a freelancer and just taking care of everything myself in CH. I read a lot of threats already and wondering if the setup is the same when you only have clients outside Switerland. Also is this really the easiest way to go taxwise?

I appreciate all your comments.

PS Nice mountains (espe. when ya come fm below the sea)

108

Dr.E,

Glad you enjoying the mountains. Indeed there's alot of behold and be in awe of.

Speaking of your tax/social security payments, it definitely depends on your residency status. I lived in Ukraine for 9 years, worked on projects and for clients on site and remotely in Moscow, Hong Kong and Australia and paid no tax. Reason being i wasn't a resident in any particular country for a period of time, i.e. haven't spent over 183 days and in some cases the requirement goes down to 90 days (like in Switzerland) and i heard down to 30 days in South Africa or smth.

We all heard that two things are certain death and taxes. I couldn't agree more on the first one but the second one is totally up to you. The only sacrifice is that you have to 'structure' your life in a certain way and know the laws. If you work in Ukraine but come back to Suisse and maintain heavy ties with the country (your wife/kids live here, go to school, etc..) then bill the client from your Suisse company and pay taxes/socials here. If you're foot loose, fancy free, i don't understand then your fervent desire to pay any tax. Do the Abmeldung from Suisse asap, cut all the ties, open offshore, bill Austrian company from offshore. Your Austrian company should not complain much about paying offshore since they dough from offshore themselves and just keep the margin. Establish investment scheme in offshore and any future gains would be company gains, nothing to do with your personal bank account(s).

Worst comes to worst, pay taxes in Ukraine. If they have same laws as in Russia, the tax is 13% for employees and 6% for self-employed. That is if you really wanna pay tax somewhere. That you have to check.

Western world countries are voraciously trying to make people, both their own citizens and foreigners alike, their residents for taxation purposes. Best strategy i found money-wise is to have passports from some developed countries (unfortunately Dutch don't enjoy dual citizenship) but be resident in none. Working remotely is another option which gives loads of freedom.

Will stop for now

Groovy

109
Sorry that I don't have the time to answer this in full but I have done elsewhere in the forum.

Your situation is simply this. You are a Swiss resident and liable for Swiss Tax and social contributions. Your employment is however outside of Switzerland.

In this situation the best solution is to create your own Swiss based company either GmbH or Sole trader and bill the client abroad.

It might be even better to create an additional Offshore Ltd company as an intermediary but that depends on how long you will be working for the companies involved.

Permits, AHV and the like are not relevant unless you start trading with a single Swiss company.

110
If you want the simple route simply come here and ask for a 6 month permit to allow you to seek employment in Switzerland. As a UK citizen you get this more or less immediately and can then start work as a self employed person. Note that you will still need to create a business case and the like before the end of the 6 months but it gives you income generating opportunities in advance of having everything rubber stamped.

111
Groovy, thanks for the info. I live here with my wife (non EU) and she has a job here and as far as I know, I need to reside here for at least a 180 days a year in order to maintain my resident status. My wife found a job here and received a B permit wich depends on me being here as well, so I need to do taxes here.

Richard, thank you as well, and yes i am planning to stay with these companies for a long period of time. Did you mean to start a Ltd company in Ukraine as well as soletrader in Switzerland? What would be the positive aspects of that?

Thanks, D

112
You do need to reside here for 180 days but don't forget if you are working for a Swiss company abroad then the time working abroad counts as if you are here...

The classic tax avoidance method for Swiss residents with foreign income is to have an offshore Ltd company which you bill. You choose an offshore location that has zero or very low corporation tax and then bill this for a reasonable amount from a Swiss company. If you are intending to have long term relationships the effort and potential cost of creating the offshore company is worthwhile. Also note it might be equally advantageous to open a GmbH here dependent on your situation with combined income and what you can reasonably deduct. You actually do need to do taxes here but that does not mean you need to declare personal earnings these are two different things...

113
Hi Richard, thanks for the reply.

I have decided to start my own company but first just for verification. Freelancer, sole trader and einzelfirma are all the same thing? (So I can apply information in previous threads and post correctly.)

At first I will be paid through my employers offshore acount into my Swiss acount. I don,t know if this makes a difference as it is not mine.

After studying the posts on taxes, I still had some questions as most posts are employee related. But as freelancer,

1) Social security. I still pay into the first pillar, wich is all set up when I register with AHV in the gemeinde.

2) I don,t have to pay into 2nd pillar, but I can. Any advantages there?

3) 3rd pillar. Whats the tax advantage here for a freelancer. By the way, I heard you can take it out anytime tax free if you buy property in Swiss or EU. is this true?

4) I used the steuerkalkulator for SG kanton to calculate the taxes by choosing einkommen/einzelfirma and it spit out a number. Where can I find information/link with some numbers/ % so I can break it down and see how it is actually calculated.

Everybody,s input is much appreciated.

PS Groovy, were u in Kiev? Make a fortune, start a driving school. Nice people here though.

114
See answers in red

115
I used www.steuern.sg.ch steuerkalkulator, einzelunternemen, einkommens und vermogen. then filled in: rapperswil/jona, verheirated, keine konfession and yearly income 140.000, rest 0. I guess this includes all social securities as well or is this thing calculating from the income after AHV already has been taken out. I get paid in Euro,s in a Euro acount here. As an employee I get a set netto wage. So as an einzelfirma I need to calculate the other way in order to know what I have to put on the bill so that after taxes I don,t end up with less than I would when I was an employee.

Thanks all, D

116
Hi,

Okay this is giving you simply the tax burden on a stated income of 140K. Note also you need to put 140K in to the last box for tax too. However that is taxable income and in order to have a taxable income of 140K assuming you are set up well you would need to invoice for circa 200K...

The sum you should of got was 20330 but you also need to add 5546 for the Bundessteuer. St. Gallens tax part is 10,437 and the town Rapperswil ist responsible for 9893 of it.

Is that clearer?

Richard

117
Yes it is, thanks Richard. My problems however now are with the AHV setup of a freelance business. I went to the gemeinde to apply for an AHV number(I didn,t have one yet) and register as freelancer. I got the forms and crossed einzelfirma. My line of work is aviation, as a pilot, and there seem to be a sidepocket of rules and perks for this branch. This because my work is so internationally orientated and we are always in different countries.

First, because my company is in Austria and pay into the austrian system I can be totally cut loose from any requirement to pay AHV and taxes in Switzerland(This is as an employee)

When I spoke to St.Gallen, they told me that as a pilot when I want an einzelfirma I need an Aircraft, wich I don,t have. As a freelancer I would be treated AHV and taxwise as a regular employee. (This if I all understood correctly in German)

The woman at the gemeinde brought up another good point when she said that my B permit is based upon a workcontract. If I cut the workcontract to go freelance, this might bring my permit in jeopardy.

So. I can reconsider and just remain employee paying everything in Austria where they have very high tax brackets.(wich is bad for the company because they have to push it up to what ever the gross is so I receive a set netto)

Or. I go freelance from Swiss wich will be cheaper for the company and better for me as I have a better tax situation. (And a reasonable bruto from the company) Plus I have all my pension, insurance etc right here in CH where I live.

Best course of action?

Thanks all

118
Hi, I have mentioned this somewhere before that you really need to be careful about setting up einzelfirma to do something that appears to be obvious. Switzerland, in particular at a cantonal level, is full of silly little rules such as in order to work freelance as a pilot you need a plane.

Of course you can easily get around this law by setting up a GmbH but I could well imagine that in St. Gallen you need a plane to work as a pilot. I would also be not surprised if Zurich did not have any such restriction - just a thought.

As to the best course of action you need to decide what you want to do compared to what you are allowed to do... The suggestion that you need a plane to be a freelancer might actually not be a legal requirement but something someone believes. If it is a legal requirement it might be a local legal requirement and even if it is a legal requirement you can get round that with a GmbH. So you have your options and I guess you need to do your research...

119
I spoke to a good accountant today and he suggested the same. Set up a Gmbh and be done with it. He said he could set it up real quick. I guess I was set in my way to proceed as freelancer as I know a lot of colleages in Europe are doing it that way. I will proceed from here and Richard, if I could find that *#^* thanks button, I,d push it a couple of times.

Happy landings, D

120
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Indeed, Einzelfirma with an EU passport is a breeze.