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183 day rule

Benjamin Franklin said that the only certainties in life are death and taxes. Any Compliance Manager in a UK based Recruitment Agency will tell you that as they go to work each morning, there is one more certainty: they will be asked by a sales consultant what do they say to a contractor who wants to work in France/Germany/Belgium using his own UK Limited Company. The number of variations and angles on this particular theme seem to be almost infinite.

The standard objections that seem to come back from contractors who do not initially get their own way on this matter tend to be:

One of the most striking aspects of the international contract industry is the degree of confusion concerning the 183 day rule. This confusion spans agencies, contractors and even solution providers (who should know better but frankly often do not). The basic problem is that sales consultants at recruitment agencies are not tax experts and were never meant to be and therefore they find it difficult to handle objections from contractors who quote the 183 day rule to justify the way they want to work. My response to this is that sales consultants should not need to be tax experts.

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