Based In Australia - Can't Set Up As A Company - Can I Do It From Ireland

[BobbyFowler]

I had my own company in Ireland, sold up & am now living in Oz. I'm working as an IT Recruitment Consultant. It's a commission only role. I'm on what's called a 457 Visa. I can work here but can't set up as a company. Ideally I'd set up on my own & just invoice the company I work for as I bring in business. I've got a 50/50 split with them regarding business I'm bringing in. I can't operate as a sole trader in this case either, as more than 80% of my revenue will be from this company I'm working for. As a result I'm going through a 3rd party firm. It works with contractors (in this case I'm seen as a contractor) & organises tax returns etc. Their fee is around 4.75%, of which 1.5% is insurance. They invoice the company I'm working with on a monthy basis, withold all tax which needs to be paid, take their cut & then pay me. The business I'm in can be quite lucrative. Would it make sense for me to set up a company back in Ireland & get around the problem that 1. I can't set up as a company in Australia & 2. I can't operate as a sole trader either as 80% of my revenue will be from one firm? If anyone has any ideas, it would be good to hear.

 

[BobbyFowler]

Just following up on this..........
Am I correct in saying that I can set up a company in Ireland, as long as 1 of the 2 Directors are Irish Residents? My idea would be to set up a company from from folks place with my dad as a 2nd director. I'd then be the sole employee of the company, based in Australia. I'd invoice the company here on a monthly basis. A condition of working for corporate clients within Australia is that I'd have to have Workcover, Professional Indemnity & Public Liability Cover. I know one of the other consultants, who is a Permanent Resident, has set up his own company & gets this cover for around €2K. If I'm invoicing an Aussie company, do I still have to charge VAT? If so, is it easy for them to reclaim it? Let me know if what I'm considering doing is straightforward enough & also legal? For example, do problems arise when the employee (me) is based full time in a foreign country. I'd like to have my story straight before bringing it up with the guys I'm working with.

 

[Domo]

I think you would be in for a lot of complications.
I have not looked into this fully, but I can see the following being problems:

If you as a director are in Oz, and the work is carried out there, the company could be considered to be resident in Oz as well as in Ireland - double Corporate tax issues.

If you are an overseas employee of an Irish company the company may have to operate Oz PAYE as well as Irish PAYE - or get exclusion order in Ireland - also you would have PRSI problems or Oz Social Security - need to get advice on this.

Not saying it could not be done - just it will be complicated and you need to take professional advice in Ireland and Oz, and this could be expensive - also you may have compliance costs in both countires.

 

[BobbyFowler]

Thanks for that Domo - sounds like it's a lot more difficult than I imagined. I might have a word with the other consultant & see if we can come to some arrangement as part of his company. Otherwise, I'll just take the hit for the time being.