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Hello and thanks for answering my question. I work for a US company, but would like to move to my country of birth, Colombia.

Tampa, FL |
Filed under: Immigration Employment

I will be asking my company to allow me to work from home in Colombia. My company is all virtual anyway and I do not see them denying the request unless it is too difficult for them. Could you tell me what implications this would have for me or my company? Any special procedures? I am a naturalized citizen of the US and will be moving with my American husband and child.

Thanks for the quick response. As a quick follow on, would this mean that my company should not care where I reside as it will not affect them other than my physical location and my personal tax situation?

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Attorney answers 5

Posted

As a USC you can live and work in any country you see fit. It will not have any effect on your US citizenship.

For US income tax implications while working and earning abroad, you'll need to co tact a CPA or tax attorney.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Asker

Posted

Thanks for the quick response. As a quick follow on, would this mean that my company should not care where I reside as it will not affect them other than my physical location and my personal tax situation?

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

Basically, yes.

Posted

Agree with Mr. behar.

Posted

You are an American citizen so you can work anywhere you wish.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Posted

Working from another country does add some significant considerations for a US employer. I will focus on the immigration, corporate, tax, and employment law issues. Other issues will likely apply as well.

- Immigration issues would include whether or not you have proper status (e.g., work permit, residence, or citizenship) to work in the target country.
- Corporate issues would include whether the target country requires a local employer of record. This could require a corporate entity or a personnel company.
- Next follows the tax issues. The employer would certainly need to consider payroll and corporate tax issues. While this could provide some tax efficiencies, an HR manager or domestic-trained CFO would probably get nervous.
- Last but not least, an employer would need to consider local employment laws. This is an admittedly broad subject area, but the employer will likely be subject to local employment laws, which can add expense, risk, and complications. That said, our clients navigate these issues on a daily basis.

So, I hope this short bit of feedback gives you a better understanding of the issues that your employer will face. We would be glad to discuss further with you and your employer.

Total Mobility Law is an international law firm that lets companies do global business with the knowledge and confidence they need to comply in any country. Our answers on this site do not constitute legal advice, nor do they establish an attorney-client relationship. The only thing that can do that is a signed Engagement Letter and Fee Agreement, which you can get by contacting us through www.totalmobilitylaw.com.

Daniel P. Harris

Daniel P. Harris

Posted

Todd is absolutely right to raise these various issues that the other attorneys have ignored. I am not familiar with the laws of Columbia, but I am familiar with the laws of China and if this employer were my client and the country at issue were China, I would tell them "not in a million years." Because if this were China, for them to be legal in China, they would need to form a company there (figure on this costing at least $15,000), fund that company in an amount required by law (figure on at least another $20,000 for this), have a mandatory written employment agreement and employee manual (both must be in Chinese so figure on another $7500 or so) and then they need to pay China corporate taxes and China employment taxes (those are typically around 40% of someone's salary). Then add on the newly created need for an international accountant and lawyer and the one employee is likely to add around $100,000 in expenditures the first year and something not all that much less than that the second year. So as Todd so ably pointed out, it is not likely going to be a simple matter of your just working from your home.

Posted

Your naturalization or citizenship will not change. Working from Colombia may have other implications that are relevant for your employer/company. The legal repercussions are mainly in Colombia and some in the US. However, your employer needs to hire an international firm with links in Colombia. Our firm has the possibility to reach colleagues in Colombia. Good luck.

This reply is offered for educational purpose only. You should seek the advice of an attorney. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the undisclosed individual asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of New York. Responses are based solely on New York Law unless stated otherwise. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

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