Latest / Difference Makers Podcast / Remote working across borders: The hidden risks businesses need to understand
Transcript
- 0:13Carla Wilson: Welcome to this special edition of Different Makers Discussions Live.
- 0:17Carla Wilson: I am Carla Wilson, chairperson of the Chartered Accountants Worldwide UAE Committee, and I am delighted to be joined today by two highly respected experts who bring both technical expertise and practical experience to one of the most important workplace issues facing organizations today: remote working across borders and the hidden risks businesses need to understand.
- 0:38Carla Wilson: As organizations continue to embrace flexible working arrangements, many are finding themselves navigating increasingly complex tax, payroll, regulatory, and governance considerations when employees work from different jurisdictions.
- 0:53Carla Wilson: While international remote working can create tre- tremendous opportunities for both businesses and employees, it can also introduce significant risks if not managed appropriately.
- 1:04Carla Wilson: To help us explore these challenges, I am joined by Hugo Van Zyl, an international tax specialist with more than twenty years of experience advising globally mobile individuals and businesses on cross-border taxation, tax residency, and treaty matters.
- 1:19Carla Wilson: Hugo has worked extensively on complex international tax issues and has advised on major tax regulation initiatives, bringing a wealth of practical insights into the tax implications of working arrangements.
- 1:32Carla Wilson: I am also delighted to welcome Sarah Brooks, founder of Fikra HR, an award-winning HR leader with almost three decades of experience across the GCC and UK.
- 1:43Carla Wilson: Sarah is a chartered fellow of the CIPD and has built a reputation for helping organizations navigate the intersection of compliance, people strategy, and workplace culture.
- 1:54Carla Wilson: Her practical approach to HR governance and workforce management makers- makes her ideal- ideally placed to help us understand the people and policy considerations associated with international remote working.
- 2:06Carla Wilson: Together, Hugo and Sarah will help us unpack some of the key questions organizations should be asking before approving overseas remote working requests, including cross-border tax exposure, permanent establishment risks, employee resident considerations, payroll implications, governance frameworks, and practical risk management strategies.
- 2:27Carla Wilson: Hugo, Sarah, welcome to the Difference Makers Discussion Live UAE special.
- 2:36Carla Wilson: Thank you.
- 2:36Carla Wilson: Thank you.
- 2:36Carla Wilson: As we approach this period, many businesses are receiving requests from employees who want to work remotely from another country, whether for a few weeks or for several months.
- 2:44Carla Wilson: To begin our discussion, perhaps you could share what you see the most common misconceptions employees have about international remote working and where organizations are most at risk of unintentionally creating problems for themselves.
- 2:57Carla Wilson: Over to you, Hugo, if you would like to start
- 3:01Hugo Van Zyl: Thank you.
- 3:02Hugo Van Zyl: I think the, uh, most common one is that the employees themselves think that they can enter the country as a visitor, because often they use a visitor's visa, which allows them sometimes 90 days, sometimes 183 days in the specific country, and they use the, um, visa title to determine their tax status, and that's not always true.
- 3:24Hugo Van Zyl: There's a counting of days.
- 3:26Hugo Van Zyl: UK, for example, they call work days, and from work day one they tax you on work done in the UK.
- 3:32Hugo Van Zyl: South Africa takes about 180 days.
- 3:35Hugo Van Zyl: So does every country have their own set of rules
- 3:40Carla Wilson: And Sarah, what would you say that you see?
- 3:43Sarah Brooks: Um, it's along the same lines as what, um, Hugo's mentioned as well, is th- there also needs to be the understanding of not just the personal tax element, but also the implications to the business as well.
- 3:53Sarah Brooks: And if somebody is, for example, going on annual leave and tagging on this remote working element with an annual leave, um, period, it can then e- get even more complex around that situation.
- 4:07Sarah Brooks: So really, you know, businesses need to be mindful of, um, their own tax status as well as the individuals, the countries, the nationalities, and the regulatory requirements in each of them- those relevant countries before even approaching any remote working.
- 4:23Sarah Brooks: Whilst I'm all for remote working and the trust and, and, um, rep- you know, sort of relationship building that it does, um, but this, you know, it's fairly serious.
- 4:32Sarah Brooks: If you get it wrong, it can be an expensive mistake.
- 4:35Carla Wilson: Absolutely.
- 4:35Carla Wilson: I love that.
- 4:36Carla Wilson: Um, Hugo, can we start with a person?
- 4:40Carla Wilson: So if we have a UAE resident that decides to work from, let's say, South Africa or the UK or India for a couple of months, at what point does that create a tax problem for them as an individual?
- 4:54Hugo Van Zyl: Thank you.
- 4:54Hugo Van Zyl: So the ins- let's look- start at South Africa.
- 4:57Hugo Van Zyl: Um, and remember the UAE has treaties with all these said countries.
- 5:01Hugo Van Zyl: They unfortunately do not have a treaty with the US, so US is excluded from what I'm stating at the moment.
- 5:06Hugo Van Zyl: The country will normally tax you from day one.
- 5:10Hugo Van Zyl: So South Africa, if it's just an incidental visit, won't tax you.
- 5:14Hugo Van Zyl: But the treaty then overrides the tax rights of the country.
- 5:19Hugo Van Zyl: And the treaties, for example, state if you're employed by a UAE company, so you've not changed your employment, you are then in the other country for a period of normally either 180 days or 183 days, treaty-dependent, and some treaty says in a tax year, other refers to any 12 months.
- 5:39Hugo Van Zyl: Then only will the guest country, the country where you are remotely based, start taxing you or have the right to tax you.
- 5:47Hugo Van Zyl: So it is mostly for UAE employees working remotely, treaty-dependent.
- 5:54Hugo Van Zyl: And so would a UK national that comes to the UAE also remain UK taxed as long as they're in the UAE for less than 183 days.
- 6:05Hugo Van Zyl: So the UAE treaty, interestingly enough, gives the UAE the right to tax after 183 days.
- 6:11Hugo Van Zyl: But as we all know, there's no personal income tax in the UAE, so therefore it's not a problem if you come to the UAE.
- 6:18Hugo Van Zyl: But in your example, we're a UAE tax-free citizen- visits another country, they become taxable normally after 183 or 180 days in a 12-month cycle, and that's a complex calculation.
- 6:31Hugo Van Zyl: It's the day you arrive, counting forwards 365 days, or the day that you leave that country, 365 days backwards.
- 6:40Hugo Van Zyl: Okay.
- 6:41Hugo Van Zyl: But there are some treaties that refers to a tax year, and then you must determine your home country's tax year
- 6:47Carla Wilson: So I think you, you touched on a point which brings me to my next question.
- 6:50Carla Wilson: So obviously the UAE has no personal income tax.
- 6:53Carla Wilson: So many people just assume that their income earned, regardless of their location, if it is bound and supported by a UAE employment contract, they are tax-free wherever they go.
- 7:07Carla Wilson: Why would you say that this assumption is very dangerous for an individual to make?
- 7:12Hugo Van Zyl: Uh, two things.
- 7:13Hugo Van Zyl: The one could be the source rules, like the UK has the work days count, and South Africa also works on the, um, number of days in a tax year.
- 7:21Hugo Van Zyl: So although the trigger is in a 12-month cycle, the calculation in South Africa is on a tax-year basis.
- 7:27Hugo Van Zyl: But there is in all the tax treaties, and literally all the OECD model tax treaties, as well as the United Nations model, a provision that if your employer, employer recoups some of your salary from the branch, if you're sitting in another branch, then it becomes taxable in that country.
- 7:45Hugo Van Zyl: So the two things could be triggering it, source rules of the specific country where you're in, and also does the treaty deem it to be taxable because it's recouped.
- 7:55Hugo Van Zyl: So for example, if you're working for a big hotel group and you're going to physically work in that hotel's, um, uh, property in, for example, Durban in South Africa because the weather is nice now, it's, it's, it's cooler weather, it's not as hot as Dubai, um, you unfortunately, they will intercompany charge, and therefore that makes you taxable in South Africa from day one.
- 8:16Hugo Van Zyl: The 183 days are not going to protect you.
- 8:20Carla Wilson: So I think it's clear from what you're saying is that your UAE tax status doesn't guide your international tax status- No … where you choose to work remotely.
- 8:30Carla Wilson: So can someone end up being a tax resident in two countries at the same time, and how would you be able to untangle that through the double tax treaties?
- 8:43Hugo Van Zyl: Right.
- 8:43Hugo Van Zyl: Yes, you can, and that's specifically dealt with in the double tax, tax treaties, normally in Article 4, which deals with the so-called tiebreaker tests.
- 8:52Hugo Van Zyl: I'll quickly run through them.
- 8:53Hugo Van Zyl: There's four important ones.
- 8:55Hugo Van Zyl: The first one is normally the place where you have your permanent home available.
- 9:00Hugo Van Zyl: Not owned, available.
- 9:01Hugo Van Zyl: Can be rented.
- 9:01Hugo Van Zyl: If you have a home in both countries, then the next test is your center of vital interest.
- 9:07Hugo Van Zyl: That's where your family is, core family, and where you are employed, where you're earning your new wealth.
- 9:12Hugo Van Zyl: Not how rich you are in the other country, it's where you are employed.
- 9:15Hugo Van Zyl: If that does not determine it, for example, a pilot in the UAE often leaves their children at home in South Africa or in the UK because remember, most of the pilots in UAE are expats.
- 9:26Hugo Van Zyl: Then we go to the third one, which means your habitual home.
- 9:30Hugo Van Zyl: That's the home where you go and rest and recuperate.
- 9:34Hugo Van Zyl: Very important, recuperate.
- 9:35Hugo Van Zyl: It's not necessarily where you spend more days.
- 9:38Hugo Van Zyl: There was a very, very important UK case, HMRC against Jonathan Oppenheimer.
- 9:44Hugo Van Zyl: Yes, for those South Africans listening, the family is the Oppenheimers we know.
- 9:48Hugo Van Zyl: He spent more days in the UK than in South Africa, but the court found his habitual home remained South Africa because that's where he went to rest and recuperate.
- 9:59Hugo Van Zyl: The visits to the UK was purpose, and it was to go and attend school functions and be with his child.
- 10:06Hugo Van Zyl: He was not employed in the UK, so the center of vital interest could never trigger it.
- 10:11Hugo Van Zyl: And yes, the family is all well known that they have a, a property in the UK.
- 10:15Hugo Van Zyl: That property has won the best garden in the UK for the seven out of the last 25 years, so it's a very well-known property.
- 10:21Hugo Van Zyl: So no, it's not always property, it's not always employment.
- 10:25Hugo Van Zyl: The three tiebreaker tests.
- 10:26Hugo Van Zyl: If none of those tests answer, the fourth one is were you a national, and the fifth one, if you're a national in both countries, um, then it is what the two parties agree in a mutual agreement process, MAP, MAP process
- 10:42Carla Wilson: So that sounds quite, um, complicated and not always straightforward for an individual to, um, determine within themselves.
- 10:49Carla Wilson: So it sounds like that the best thing would be if you are uncertain, to ask before you get on the plane.
- 10:56Hugo Van Zyl: Correct.
- 10:56Carla Wilson: Right?
- 10:57Carla Wilson: Take the advice before you get on the plane.
- 10:58Carla Wilson: So if we move then to the business side of it and the permanent establishment risk that organizations carry, in plain English, what is a permanent establishment, and why should a business owner care if somebody- if one of their staff is sitting in another country?
- 11:19Hugo Van Zyl: So most countries have a different definition, but again, the treaties, um, are relatively the same.
- 11:24Hugo Van Zyl: So the first test is if there is a premises or an office lasting for more than six months or construction site more than six months.
- 11:33Hugo Van Zyl: So normally a remote worker, digital nomad, does not work at a specific office.
- 11:38Hugo Van Zyl: So that one for most of the digital nomads, the employees are not a risk.
- 11:43Hugo Van Zyl: But the one that really becomes a risk is the seniority of that person.
- 11:47Hugo Van Zyl: If that person habitually signs contracts or enter into contracts on behalf of his offshore or home country-based employer, that in itself makes it a permanent establishment.
- 12:00Hugo Van Zyl: So those are the two most critical ones.
- 12:02Hugo Van Zyl: There's finer nuances, um, but there's a specific exclusion.
- 12:06Hugo Van Zyl: For example, if it's at the airport and there's a display room of high, uh, high-end or luxury Louis Vuitton, um, display.
- 12:15Hugo Van Zyl: That display is not a branch.
- 12:18Hugo Van Zyl: It's purely a display, and normally most treaties excludes a storeroom or store facility.
- 12:23Hugo Van Zyl: The bonded warehouses, they are not permanent establishments.
- 12:28Carla Wilson: Okay.
- 12:28Carla Wilson: If a UAE company accidentally creates a PE abroad, what's the real-world consequence, and what do they do if they end up filing or having to pay?
- 12:42Hugo Van Zyl: So interesting is that in the real world, and specifically the examples you used, India and South Africa, it's not just tax, it's exchange control as well, okay, because both countries have very strict exchange control.
- 12:54Hugo Van Zyl: The second one is then two, um, um, important levels of taxes, and that is normally the income tax side and the value-added tax side.
- 13:03Hugo Van Zyl: Because that can trigger, if you then exceed your turnover, that you may not be a taxable profitable company because you're a cost center, but your turnover exceeds the VAT, VAT threshold.
- 13:16Hugo Van Zyl: So for example, in South Africa, um, it's 2.5 million, um, rand.
- 13:21Hugo Van Zyl: That's like £100,000, and you're there.
- 13:23Hugo Van Zyl: And the income tax has two levels itself.
- 13:26Hugo Van Zyl: It is the company paying tax, and then the company's obligation to withhold tax.
- 13:31Hugo Van Zyl: So normally, if the digital nomad or the remote worker is just in India, there's no obligation on the UAE company to withhold tax.
- 13:39Hugo Van Zyl: It is for that employee to declare his tax to the Indian authorities.
- 13:44Hugo Van Zyl: But the moment if that PE, permanent establishment, was deemed to be present, they have an obligation to register, file for income tax, deduct payroll taxes, and it could be more than just income tax.
- 13:57Hugo Van Zyl: It could be Social Securities, medical aid, all those type of things, and then the value-added tax level of that country
- 14:05Carla Wilson: So if I understand correctly, what you're saying is that if a PE is triggered, you are then not just only required to pay tax, you actually have to register within that jurisdiction to be able to pay the tax.
- 14:18Carla Wilson: It's not as simple as I'll do a bank transfer, or I'll write a check and my tax obligations have been met.
- 14:24Carla Wilson: There is obviously a registration process and a whole administrative process that you would have to be able to, to execute to remain compliant under those circumstances.
- 14:34Carla Wilson: And Sarah, from the people side, you know, listening to all of this, how do you normally see that this risk usually creeps in?
- 14:41Carla Wilson: Do senior staff normally take informal arrangements?
- 14:45Carla Wilson: Is simply nobody answering the question?
- 14:47Carla Wilson: Are people kind of like, "We want to be fluid and supportive of our staff, so, you know, we want to embrace a work from anywhere policy"?
- 14:55Carla Wilson: What do you see on your side?
- 14:57Sarah Brooks: A combination of everything you've just mentioned, to be honest.
- 15:01Sarah Brooks: Um, there's a number of companies that are quite open, uh, to the fluidity and allowing people to work remotely attached to or independent of leave breaks that they've got.
- 15:12Sarah Brooks: Um, there's a lot of UAE companies that actually employ remote workers on a permanent basis as either sub- you know, consultant subcontractors, fine, or employees that are physically working in other countries and maybe don't understand the tax implications that there are.
- 15:29Sarah Brooks: Um, they believe that because they're in a tax-free country, obviously we have income tax and corporate tax, but, um, you know, from personal income tax, that there's no applications around that for, um, employees that they might have permanently working in India, for example.
- 15:44Sarah Brooks: Um, and that's most common with IT companies, um, e-commerce and things like this as well, where it's cheaper to hire staff members from, and, and keep them based in, in the subcontinent, for example.
- 15:56Sarah Brooks: Um- From my end, it's funny that you mention the hospitality side of things because that's my b- my, um, corporate background is hospitality for many years.
- 16:06Sarah Brooks: Um, and it's very common for individuals to be put on secondment to, for… I mean, even myself, I was initially put on a secondment to Oman for a month, for example, from the UAE back in 2009.
- 16:17Sarah Brooks: Um, and thankfully, Oman is a tax-free coun- country as well, but there was no conversation and discussions about tax status or anything with myself.
- 16:25Sarah Brooks: It wasn't even on my radar back then.
- 16:28Sarah Brooks: Um, so I think for individuals who are, um, employees of a company who are requested, they see it as a bo- as a, as an opportunity to, to improve their situation, their status, so they're happy to move.
- 16:40Sarah Brooks: They just… And they don't necessarily think of the consequences of where they're moving to and what that might be.
- 16:45Sarah Brooks: Um, some companies that tend to be a little bit more of, um, global market players, if you like, the larger hospitality groups that are a bit more global than regional, um, will have clauses within the contracts that may mention that the company would then take responsibility for any tax implications.
- 17:04Sarah Brooks: Um, others will do the reverse and say it's up to the individual to, to make sure that they, um, comply with tax implications.
- 17:11Sarah Brooks: So my advice is always get proper tax advice before you sign and agree to anything, um, um, from a tax advisor as well as from a legal advisor.
- 17:21Hugo Van Zyl: Mm-hmm.
- 17:22Hugo Van Zyl: Sarah, I think a very valid comment.
- 17:23Hugo Van Zyl: Carlow, if I can quickly jump in.
- 17:24Hugo Van Zyl: Of course.
- 17:25Hugo Van Zyl: If your contract provides and you are seconded, be adamant that the company provides at least a tax advisor at their- Mm … expense.
- 17:33Hugo Van Zyl: Mm. So that equalization will, uh, top up the different tax is a nice-to-have.
- 17:38Hugo Van Zyl: You can't always demand that, but at least ask that their tax advisor, because the alignment between corporate tax and personal tax then becomes extremely important.
- 17:48Hugo Van Zyl: Absolutely.
- 17:48Hugo Van Zyl: Especially for that big groups.
- 17:49Hugo Van Zyl: It's, it's their brand, and it's your employment status.
- 17:53Sarah Brooks: Mm-hmm.
- 17:54Carla Wilson: So I think this obviously leads onto the next topic, which is all about payroll contracts and the regulatory side of the people.
- 18:02Carla Wilson: So Hugo, you know, you touched on a point, um, about making sure that they have the tax covered in an, in an employment contract and/or a secondment contract.
- 18:12Carla Wilson: And, you know, my- so my question to- is, uh, where does payroll sit in all of this?
- 18:17Carla Wilson: Because, you know, we talk about company tax, and you briefly mentioned that there could be, you know, specifically in South Africa, things like PAYE, which is obviously another form of tax that can also be triggered under certain circumstances.
- 18:31Carla Wilson: So if a company has an employee that is physically sitting in another country, how do they know what triggers things like withholding tax or employee tax from an organization?
- 18:44Carla Wilson: So if we kind of look at it from a different tax angle.
- 18:47Hugo Van Zyl: Yeah.
- 18:47Hugo Van Zyl: So the … For, for any corporate, even a small company, the big question would then be look at the treaty, do, does the presence of the employee create a permanent establishment?
- 18:58Hugo Van Zyl: If it does, address it.
- 19:00Hugo Van Zyl: One of the examples could, for example, be, say, you can go and work remotely while on holiday or for your sabbatical or whatever, but during this period you will not be part of decision-making, contractually agreed, so that you do not trigger that point.
- 19:14Hugo Van Zyl: Secondly, the, uh, um, next thing is that the employee must undertake not to claim on the social benefits o- or securities of that country.
- 19:25Hugo Van Zyl: For example, do not arrive in England and register for med- uh, for any medical benefit because that triggers a presence for the company because they then have to register and contribute.
- 19:37Carla Wilson: So whose obligation, because it's obviously a payroll tax which is linked to an individual, in this circumstance, where would the obligation lie for that payroll tax to be paid?
- 19:49Carla Wilson: Would that be an obligation that the receiving entity, so the, the, the visiting country, would they expect that to be the obligation of the individual, so they should then pay their own tax?
- 20:00Carla Wilson: Or would we expect a company to go, "We need to withhold that"?
- 20:05Carla Wilson: And again, I'm not talking about let's restructure someone's payroll.
- 20:08Carla Wilson: I'm just talking about where does the actual obligation lie in terms of the actual payments to the country that's now implementing this tax.
- 20:15Hugo Van Zyl: All, all payroll deductions, whether it's, uh, social security, medical, is that of the employer.
- 20:21Hugo Van Zyl: And the actual tax payment, whether there was a withholding on payroll level or not, is that of the employee.
- 20:27Hugo Van Zyl: So the withholding is clearly that of the employer, and I suggest that contractually it be agreed that it's, uh, there is no reason to deduct, and the employee undertakes stating that, "Thank you for the benefit. I undertake to sort out my own tax." Tax.
- 20:45Carla Wilson: Okay.
- 20:46Carla Wilson: So Sarah, my question to you then comes, if we are now talking about somebody that's sitting in a remote space who's currently on a UAE employment contract, does that still hold up?
- 21:00Carla Wilson: And what happens to things like WPS and visas when they are currently sitting out of the country?
- 21:08Sarah Brooks: So things like WPS, which for those that are not familiar, is the wage protection scheme that we have here under mainland-governed, mainland licensed entities in the UAE.
- 21:18Sarah Brooks: Um, and some of the free zones also have the same.
- 21:21Sarah Brooks: And it's basically, um, a protection for payment of wages.
- 21:25Sarah Brooks: Is the th- as the- that's what it says on the tin, it's wage protection.
- 21:28Sarah Brooks: Um, so it enforces, it's a process that's enforced for companies to pay the payroll through.
- 21:33Sarah Brooks: That has to continue.
- 21:35Sarah Brooks: Um, unless the employee stops working for the company, unless the emp- which would entail cancellation of visa, cancellation of work permit, and cessation of employment in the whole part, then that's the, uh, that's one instance.
- 21:48Sarah Brooks: The other is if they're on unpaid leave, um, for any reason, or, uh … They're the only two times where salary would not be paid through WPS.
- 21:56Sarah Brooks: Um, there are cutoff limits on the number and, uh, the total value and the quantity of a head count that needs to be paid through the WPS system, um, which is currently at 85% of both the head count and the total value.
- 22:09Sarah Brooks: So there is a little bit of, if you like, wiggle room in terms of that.
- 22:13Sarah Brooks: But technically if somebody is on your trade license and on your labor card, uh, work permit and visa, then their salary still needs to go through WPS, and that is payable into a UAE bank account.
- 22:25Sarah Brooks: Um, visas would be retained during that time because they're still technically, it's associated with the work permits.
- 22:32Sarah Brooks: You can't have a work permit without a residency visa.
- 22:35Sarah Brooks: Um, the two don't, don't, um, stand alone independent, if you see what I mean, unless you're, uh, an Emirati national.
- 22:42Sarah Brooks: Um- So it's not sort of possible to press pause on the visa, uh, duration to say, "Right, they're gonna be out of the country, so we'll press pause on it," and then it'll continue when they come back in again.
- 22:54Sarah Brooks: It continues running.
- 22:55Sarah Brooks: Um, and it's an important point to note on that one is because one of the regulations with regards to the UAE visas is that if you are out of the country for six months, um, or your visa technically expires whilst you're out of the country, then the company- the visa is essentially canceled, but it still needs a formal cancellation process that needs to be carried out by the company.
- 23:16Sarah Brooks: So even though your visa might expire, it still needs to be formally canceled.
- 23:20Sarah Brooks: If you were to reenter, you would be stopped on entry, and likewise, if you're coming back in after six months and one day, your visa is essentially, um, canceled, uh, for want of a better word, and would need to be formally either reinstated or, um, canceled and reissued through the company.
- 23:38Sarah Brooks: So it's a, it's a bit of a challenging situation.
- 23:41Hugo Van Zyl: Can I add to that also very important, Carlow, is that f- if looking at the UAE also for UK-based employees coming to the UKE, so, uh, UAE, it is important to remain on the formal payment system, whatever it is.
- 23:55Hugo Van Zyl: Like in the UK on the tax code that issued.
- 23:57Hugo Van Zyl: Mm-hmm.
- 23:58Hugo Van Zyl: Because that keeps you contributing in the UK to Social Security.
- 24:01Hugo Van Zyl: And the other benefit in the UAE, it keeps on counting for your end-of-service benefit.
- 24:06Hugo Van Zyl: Because if you're removed off the WPS, so you're not paid to a UAE bank account, you are now paid to a foreign bank account.
- 24:13Hugo Van Zyl: When it comes to end-of-service benefit, you are losing out.
- 24:17Hugo Van Zyl: So if you are employed while working remotely, please try and protect.
- 24:22Hugo Van Zyl: There's no additional cost to your employee- employer, but try and protect those long-term service benefits.
- 24:29Hugo Van Zyl: So for those who don't know, end of service benefits in the UAE, for example, pension fund's another big thing.
- 24:35Hugo Van Zyl: We have a end of service benefit calculated.
- 24:38Hugo Van Zyl: Uh, Sarah, help me.
- 24:39Hugo Van Zyl: It's a, it's a week per
- 24:41Sarah Brooks: year or- It's, um, it's 21 days for the first three years of service, and 30 days for ev- for … Sorry, first five years of service, and then 30 days for every year after that.
- 24:52Sarah Brooks: Um, and it's, um, days of basic salary, um, for the tenure.
- 24:57Sarah Brooks: So it's your … It, it's fairly straightforward, but somewhat complex to explain calculation.
- 25:03Hugo Van Zyl: But, but in short, it's not like the UK where they'll put you on gardening leave- No … and we're gonna pay you while you're not working, and the UAE is paid out as cash.
- 25:11Sarah Brooks: So it's two different things.
- 25:13Sarah Brooks: You can have gardening leave in the UAE.
- 25:15Sarah Brooks: So if you are given notice from your employment, there's three options.
- 25:18Sarah Brooks: Um, you're paid in lieu of notice, you're asked to work your notice, or you're put on what is essentially gardening leave.
- 25:23Sarah Brooks: Once you have completed a minimum of one year's employment in the UAE, you're eligible to receive this gratuity payment, which is what you're mentioning, which was set up, um, uh, many years ago as an alternative to a pension or social security fund, um, for expatriate workers.
- 25:38Sarah Brooks: Uh, um, UA nationals don't have this.
- 25:40Sarah Brooks: They have their own pension and social security.
- 25:43Sarah Brooks: So, um, this gratuity fund is accumulated over time of your employment, and it's then calculated when you leave, and it is completely separate to, as a separate payment from, any of your notice period payments.
- 25:58Hugo Van Zyl: Thank you.
- 25:59Carla Wilson: So I think from what I understand is what we're saying is that regardless of your location, if you are sitting on a UAE employment contract, all those benefits follow you unless your contract is physically terminated.
- 26:12Carla Wilson: So we expect an individual who is sitting in a remote European island, enjoying their, um, summer break, to still be able to earn the benefits as per their employment contract.
- 26:25Carla Wilson: That includes being paid through WPS.
- 26:25Carla Wilson: That includes things like their medical insurance benefits, as well as their gratuity calculation.
- 26:32Sarah Brooks: Yeah.
- 26:32Sarah Brooks: All right.
- 26:33Sarah Brooks: And their accruals for their annual leave and things like this as well would all continue.
- 26:37Carla Wilson: Okay.
- 26:37Carla Wilson: Great.
- 26:38Carla Wilson: So it then takes me onto my next topic, which is very relevant.
- 26:43Carla Wilson: So obviously we've got all of this that we're talking about in terms of everything that is knowledge within the expertise themselves.
- 26:51Carla Wilson: So the experts are fully aware of everything that happens, but a lot of businesses, again, want to be flexible for their staff.
- 26:56Carla Wilson: They want to be able to allow people to enjoy these benefits that are becoming so popular globally.
- 27:02Carla Wilson: But a lot of this happens through a WhatsApp request, an email notification.
- 27:09Carla Wilson: Uh, we're changing our internal policy.
- 27:11Carla Wilson: We allow people to be able to go and do this.
- 27:14Carla Wilson: You'll get a sure, no problem.
- 27:16Carla Wilson: Um, Sarah, what should a proper approval process actually look like?
- 27:24Sarah Brooks: So my advice to companies is to have a proper policy in place with regards to what is remote working, what the boundaries are, the guidelines, framework, if you like, how many days it is applicable for in the circumstances.
- 27:38Sarah Brooks: And that should also impr- include a process for the approvals, which it can be done through WhatsApp, it can be done through, um, emails, or it can be done through an HR system.
- 27:50Sarah Brooks: It's entirely up to a company, but it just needs to be documented somewhere to ensure transparency and consistency of process and approvals.
- 27:57Sarah Brooks: Um, and then the process should also in- and the policy document rather, should also include the details of that approval process and any considerations so that that is like a reference guide.
- 28:09Sarah Brooks: So if somebody gets asked, "Can you go and work remotely?" Or, "I want to go and work remotely," they can check the rules and regulations that are there.
- 28:15Sarah Brooks: Like for example, as Hugo said, a tax advisor will be provided to facilitate you during this time, for example.
- 28:23Sarah Brooks: Um, or, you know, the company under- we're asking you, therefore the company will undertake to pay any income tax that you may be eligible to pay, um, whilst… Or liable rather than eligible, but to pay whilst you're on this secondment.
- 28:37Sarah Brooks: Um, so all of that needs to be documented in the policy, um, with obviously not to be, um, completely exhaustive in the different countries and the specific tax regulations.
- 28:49Sarah Brooks: But at a general level to say, this is what we'll look at, this is how we'll approve it, this is what we'll do in X, Y, Z case, um, so that the employee has the information to hand and can make an informed decision.
- 29:01Hugo Van Zyl: And can I add, which became very important now for South Africans and UK people, is that the, the clause that the company can unilaterally terminate that arrangement and give a period of notice.
- 29:12Hugo Van Zyl: So for example, the, we saw when the, um, American-Iran wa- war broke out that some of the corporates said, "You'll have to come back on the first flight, and it is your duty to get the, um, uh, flight permissions and, and so on." Because that clearly indicates there's no intention to create a branch on the other side.
- 29:32Hugo Van Zyl: Because in what we saw in the UAE, what you allu- alluded to, Carla, um, and, and, uh, also Sarah, is that some of these people would see their visas, um, visa days, um, exceeding 183 days, and the companies are just not prepared to incur that cost.
- 29:48Hugo Van Zyl: Because remember, if that visa is canceled or deemed to be canceled, that renewal process is an obligation in the UAE on the employer, and that cost, um, you know, and the formal cancellation cost is that of the employer.
- 30:02Hugo Van Zyl: So I would suggest to make sure that there's absolutely no risk of a permanent establishment created by events like war, COVID-19.
- 30:09Hugo Van Zyl: So in our lifetime, we've now seen two of these events that triggers, that makes sure that that policy document also covers the negative.
- 30:17Hugo Van Zyl: Yeah.
- 30:17Hugo Van Zyl: Like in a divorce.
- 30:19Hugo Van Zyl: Ah, in a marriage, arrange the divorce rules in the antenuptial.
- 30:25Sarah Brooks: Yeah.
- 30:25Carla Wilson: So what- so as an example, what happens if someone is on something called or s- or like maternity leave, right?
- 30:32Carla Wilson: So you're actually not showing up to work every single day.
- 30:36Carla Wilson: You're on maternity leave, but you then decide to take your maternity leave- In the UK or in Europe.
- 30:43Carla Wilson: Obviously, there is no intention to get approval from your employer because they have approved you to be on maternity leave.
- 30:53Carla Wilson: Does the location of where you enjoy that maternity leave have an implication on your tax status and/or the business tax status?
- 31:03Carla Wilson: And is this something that we would need to see specifically included in the likes of these policies
- 31:11Hugo Van Zyl: that we've been talking about?
- 31:11Hugo Van Zyl: On, Carla, on the general guidance, no, it does not impact on the tax because you cannot make decisions.
- 31:18Hugo Van Zyl: You're on maternity leave.
- 31:19Hugo Van Zyl: Unless you're a very, very high senior person and they still keep you for, uh, board meetings or management meetings.
- 31:25Hugo Van Zyl: The second important part is to take into account that most double tax treaties use the word present in the country and exercising employment.
- 31:35Hugo Van Zyl: Whilst you're on maternity leave, um, or garden leave or a sabbatical, you are not exercising employment.
- 31:41Hugo Van Zyl: So that is critical to take that into account.
- 31:44Hugo Van Zyl: That's a very fine line.
- 31:45Hugo Van Zyl: Not all countries emphas- or place enough emphasis on that words, and they sometimes ignore it.
- 31:51Hugo Van Zyl: They just physically in the UK count the number of work days, whether you go into the office or not.
- 31:56Hugo Van Zyl: But you're truly entitled to claim that maternity leave was not in the exercising of employment.
- 32:03Sarah Brooks: I think, um, to add onto that, because the maternity leave is still considered as employment and you're still paid during at some level for, um, for your time off of, off of work, it's paid leave, um- I think it's worth to note from- for companies to have that question to be asked to somebody who's presenting with maternity leave, are you gonna be staying in the UK, in the UAE, or are you intending to travel to have the birth, and have that conversation.
- 32:32Sarah Brooks: And it will depend case by case.
- 32:34Sarah Brooks: There are, um, with the multicultural society that we live in, there are many that would choose to return home because they'll get better maternity cover benefits.
- 32:42Hugo Van Zyl: Can I give you, can I give you a real example?
- 32:43Hugo Van Zyl: Say- Oh,
- 32:44Sarah Brooks: please do.
- 32:45Hugo Van Zyl: Are you British or not?
- 32:46Hugo Van Zyl: Um, and, and sorry if I now upset the Brits.
- 32:48Hugo Van Zyl: The Brits has terrible rules about passports.
- 32:52Hugo Van Zyl: If your mother and your father are British passport holders, but neither were born in the UK, you are not entitled to a UK birth certificate and a UK passport unless you are born in the UK.
- 33:06Hugo Van Zyl: So therefore, and we have seen that, that some medical aides allow mothers from the UAE with British passports to fly out to the UK to have the birth there.
- 33:16Hugo Van Zyl: They then call on the employer to sign the so-called no objection certificate.
- 33:22Hugo Van Zyl: That's a letter of permission.
- 33:23Hugo Van Zyl: Mm-hmm.
- 33:24Hugo Van Zyl: And some of the medical aides actually contribute.
- 33:26Hugo Van Zyl: They won't pay all the costs, but they will contribute to certain of that cost.
- 33:30Hugo Van Zyl: Yeah.
- 33:30Hugo Van Zyl: So that is also very important that you keep that document, that you can show to a tax man who would like to try and tax you, that the intention was not to exercise employment.
- 33:39Hugo Van Zyl: There was another reason, which is not tax.
- 33:43Sarah Brooks: Mm-hmm.
- 33:43Sarah Brooks: No, no, very true.
- 33:45Sarah Brooks: This is- it's worth, um, uh, being aware of that.
- 33:48Sarah Brooks: And I think I would say to any employer to be on your toes about that type of thing.
- 33:52Sarah Brooks: Um, but also to any, um, anyone who's looking to start a family, start asking those questions before you make a choice about where you want to have the birth, if it's in the UK or South Africa or subcontinent or whatever, to understand the legal implications of that.
- 34:09Carla Wilson: So from what it sounds like, the recommendation would be that albeit it may not trigger a tax consequence, it's a question or a process whereby you should notify your employer as to where you will be based throughout that duration and if that location changes.
- 34:27Carla Wilson: So it's not necessarily about requiring approval, but I think approval follows equal importance around notification and staying in contact whilst you are on things like maternity leave with your employ- employer so that they can obviously make sure that they remain compliant, um, on your behalf as well.
- 34:46Carla Wilson: So I guess this comes down to now, Sarah, through all of this, where does the decision or the ownership of this lie?
- 34:55Carla Wilson: Would we expect this to be something that HR should own or are we expecting this as to something as that a business owner or a leadership team should be leaving, leading for their organization?
- 35:07Sarah Brooks: Sorry, just to clarify, in terms of the approvals for people taking maternity leave or the tax compliance?
- 35:13Carla Wilson: So the overall remote working process.
- 35:16Carla Wilson: Where would the ownership of that infrastructure, that policy development, the governance, the approval process, who would own that decision-making and that infrastructure creation?
- 35:26Carla Wilson: Would we say that that's something that HR should lead or would we think that it's more so for business owners or leadership teams to govern?
- 35:34Sarah Brooks: I think it's a, um… it needs to be an informed decision.
- 35:37Sarah Brooks: So yes, HR plays a part, but I think, um, also, um, a general finance team, a legal team if there is one, compliance, um, get external legal and financial advice support on it.
- 35:49Sarah Brooks: Because for the most part, um, from all the experiences that I've had at least with, um, compliance and legal teams in-house, unless they've had actual experience of it, they don't generally have enough knowledge of it to be able to then put it into a policy, if that makes sense.
- 36:06Sarah Brooks: Because we tend to learn things by experience.
- 36:08Sarah Brooks: I mean, even whilst we're having these conversations, there's elements of things where I'm like, "I don't do that. Okay." Because it's not something that's come up in conversation.
- 36:17Sarah Brooks: So, um, I would be looking to gather information from a group of experts, and then propose it at a leadership level fo- so that everybody's on board and understands what the structure and format of that policy is and the approval matrix, and then disseminate that information down to the rest of the team once it's been decided upon.
- 36:34Hugo Van Zyl: Carlow, from an, a tax advisory point, we say to corporates it is a board level decision.
- 36:41Sarah Brooks: Uh-huh.
- 36:41Hugo Van Zyl: And HR is involved, as Sarah said, but often in the execution or just to find a policy.
- 36:47Hugo Van Zyl: But the initial permission must be at board level- Mm-hmm … because it's that board that takes ownership of the risk of a permanent establishment.
- 36:57Sarah Brooks: Mm-hmm.
- 36:57Hugo Van Zyl: And that is why the legal and tax advisory side belongs on that level.
- 37:02Hugo Van Zyl: So before a company, how small the company may be, make that decision to allow someone, they have to consider the tax treaty of the country where they- Yes
- 37:12Sarah Brooks: Yeah.
- 37:13Sarah Brooks: Not all companies are big enough to have a board here.
- 37:15Sarah Brooks: Majority are not.
- 37:16Sarah Brooks: Um, so it is from a senior leadership level and ownership level that they would be making that decision.
- 37:22Sarah Brooks: I 100% agree with you, Hugo.
- 37:24Carla Wilson: So it sounds like the recommendation would be the initiation or the trigger should come from HR surrounding the employee benefit of remote working, but we're looking for contribution from the leadership team, from the board, from the business owner to really drive bringing in the right experts and making sure that that structure has covered all the potential risks associated with remote working.
- 37:50Sarah Brooks: Yep.
- 37:50Carla Wilson: So if we have someone who's listening, and they're going, "I already have people working abroad.
- 37:56Carla Wilson: Um, I haven't done any checks.
- 37:59Carla Wilson: I haven't thought about this.
- 38:00Carla Wilson: This was not a policy or a process that we've had in the past." To both of you, what would you say are the first three things they should do within the next week?
- 38:15Sarah Brooks: Go on, Hugo.
- 38:16Sarah Brooks: What's on your top three?
- 38:17Sarah Brooks: I'll
- 38:17Hugo Van Zyl: follow.
- 38:17Hugo Van Zyl: My, my first one is then to get the legal or corporate tax advice.
- 38:22Hugo Van Zyl: The second one is risk management.
- 38:25Hugo Van Zyl: Now, that's very wide, and I, example, um, have a company in South Africa, and I live six months a year in the UAE.
- 38:33Hugo Van Zyl: Part of my risk management was asking my, um, professional indemnity insurer, "Will you cover me whilst I'm working in the UAE performing South African tax advisory and compliance services?" And funny enough, they were very friendly and said, "Yeah, yes, your certificate included, but totally excluded are three jurisdictions." And the one was the USA, and the other one was India, and the third one was any country currently involved in a war, which by definition, for a period of time now excludes, uh, Israel and, and, um, America.
- 39:08Hugo Van Zyl: So and then the third one is getting the right permissions in place, whether that is from the employer or from the, um, uh, medical aid because there's also that cover.
- 39:20Hugo Van Zyl: Because if you're obliged to provide your employees with medical aid, that is a, a risk management item.
- 39:26Sarah Brooks: Mm. So from, from… The top three things for me would be to make sure you have all the data.
- 39:32Sarah Brooks: Who are they?
- 39:32Sarah Brooks: Where are they?
- 39:33Sarah Brooks: How long have they been there?
- 39:34Sarah Brooks: You know, is it from their first day of joining?
- 39:36Sarah Brooks: What, what is that timeframe looks like?
- 39:39Sarah Brooks: Because that's obviously then leads into any tax implications, both from a corporate perspective and from a personal, um, perspective.
- 39:46Sarah Brooks: So having all of that, looking at the data for visas as well.
- 39:50Sarah Brooks: I mean, hopefully you'll be aware of when people's visas are coming up.
- 39:53Sarah Brooks: That's one of the, the few things that, um, most HR departments are, um, pretty up to speed with.
- 39:59Sarah Brooks: Um, and then looking at the policies in place and, and trying to work out what that tax, um, implication might be, um, using the payroll information that you've got to figure out, okay, this person's been in the UK, so this is maybe what we might be looking at to be able to then mitigate that risk.
- 40:15Sarah Brooks: Um, and find out how you can, um, if necessary, call people back, um, to resolve that issue, um, or rearrange things and have that conversation, put them on a temporary m- suspension or, you know, whatever it might be just until it's resolved.
- 40:33Carla Wilson: So if we look at all of this and businesses are going, "Okay, I need to take action." Um, Hugo, to you, obviously, I think the first thing, the first response that an SME business owner would say, you know, hearing all of this is, "How much is this gonna cost me, and can I use AI to fill the gap?" What would your recommendation to them be in terms of what are the options?
- 40:57Carla Wilson: Um, everyone automatically wants to think or default to I can only go to the big four, or I'm going to use… So I'm going to use AI to reduce my costs.
- 41:07Carla Wilson: What would you say to them in terms of what options they have out there that could be a lower cost?
- 41:13Hugo Van Zyl: Well, first of all, um, not necessarily lower cost, but the reliable value for money is to go to professional bodies like the various chartered accountant institutions across the world.
- 41:24Hugo Van Zyl: So, for example, I get a lot of work on the, from SAICA, the Institute of Chartered Accountants, or members of, uh, ICAEW.
- 41:31Hugo Van Zyl: And, um, I don't get all the work.
- 41:33Hugo Van Zyl: There's a rotational basis, but they have a list of who are the South Africans, uh, present in the UAE, and they go through the rotation list.
- 41:42Hugo Van Zyl: Because it's also, you must understand your industry.
- 41:45Hugo Van Zyl: So for example, if you are in the aviation industry, your employees by nature are going to be on your instruction outside.
- 41:54Hugo Van Zyl: Now you have no, um, option, but to incur that cost and build into your system a renewal for visas because you cannot put that pilot or crew on a staff, uh, on a, on a flight when they are three weeks away from a renewal date.
- 42:10Hugo Van Zyl: So there is certain software, even if you manage it through AI, but there are costs that are not necessarily advisory cost, but monitoring and compliance cost.
- 42:19Hugo Van Zyl: So my first answer, short answer, is go and find an expert of that country.
- 42:24Hugo Van Zyl: So where Sarah said that question, "Where, where are you going to?" is the first question, and follow that with if you do not know someone, and it need not be one of the big four.
- 42:33Hugo Van Zyl: The IOM is very small.
- 42:34Hugo Van Zyl: We're only five people.
- 42:35Hugo Van Zyl: They are experts in the field that can assist.
- 42:41Carla Wilson: If the audi- audience member is listening to all of this can only take away one thing, what should it be?
- 42:48Carla Wilson: Hugo, you go first.
- 42:51Hugo Van Zyl: Communication.
- 42:51Hugo Van Zyl: Inform your staff that if you are working remotely for whether it's a week, two weeks, three months, whatever your intention is, be transparent to us that we can manage our risk, and we will from our side try and, um, assist you in managing your risk.
- 43:08Hugo Van Zyl: So absolute transparency, and secondly is get a fair policy.
- 43:12Hugo Van Zyl: Yes or no.
- 43:15Carla Wilson: And Sarah, what would you say is the one thing that you hope people could take away from today?
- 43:20Sarah Brooks: Um, I en- I encourage remote work, but, and there is a but, um, don't treat it as a casual perk.
- 43:28Sarah Brooks: Treat it as a governed exception that finance, HR, and leadership own together with simple rules and transparent communication to your teams.
- 43:41Carla Wilson: Thank you so much, Hugo and Sarah, for sharing your exper- your expertise and practical insights for today.
- 43:47Carla Wilson: Um, if we have a little bit more time, I wanted to ask, um, one or two more questions.
- 43:52Carla Wilson: Um, would you consider that there is any difference through these circumstances whether someone is employed under a mainland or free zone entity?
- 44:04Carla Wilson: Would there be a different consideration that a business should be taking into consideration if they are going, "But I am a free zone, and I have staff that sit remotely," or, "I'm a mainland entity, and I have staff that sit remotely"?
- 44:20Carla Wilson: Do we want to point out that there is anything that should be different, or do people think that they- there is something different and that we can then go, "Actually, there isn't anything different"?
- 44:32Hugo Van Zyl: I will be quick.
- 44:33Hugo Van Zyl: From a UAE specific, specific, um, point of view, yes, a free zone.
- 44:38Hugo Van Zyl: If you only have less than seven employees, rather be free zone because your turnover level, the trigger for tax, corporate tax, is t- uh, 3 million dirhams.
- 44:48Hugo Van Zyl: Okay?
- 44:49Hugo Van Zyl: Rand terms, about 15 million, um, rand.
- 44:52Hugo Van Zyl: So it's a substantial level where in mainland there's not that availability, but then it must be a very small company, seven and less staff
- 45:01Carla Wilson: So I think it's important… Yes, please, go Sarah.
- 45:03Sarah Brooks: Sorry, sorry, sorry.
- 45:04Sarah Brooks: I was just gonna say from an employee perspective, um, aside from the corporate tax, the difference between them, they're all, uh, with the exception of the two financial free zones being DIFC and ADGM, the rest of them are all governed under the same employment legislation as mainland.
- 45:20Sarah Brooks: So some of the free zones also have a WPS, but all of the free zones have a legislation of some kind and employment laws.
- 45:28Sarah Brooks: So irrespective of whether you are employed under a free zone or mainland and you're working remotely, you're still technically an employee of the UAE, and then everything that we've just said previously still applies.
- 45:39Sarah Brooks: So there's no get out clause if you hire, if you're on a free zone that the, you know, the, the, the, um, South African rules won't apply because it's a free zone in the UAE.
- 45:48Sarah Brooks: It doesn't work that way, unfortunately.
- 45:50Carla Wilson: And I think that was important, you know, to highlight, because as business owners, I think it's very difficult for them to understand the difference between a mainland entity and a free zone entity because they are governed slightly differently.
- 46:01Carla Wilson: But there is obviously alwa- always an overarching act that the UAE uses, um, to govern.
- 46:07Carla Wilson: And I just heard that that question would come in from, you know, people listening to this to go, "But I'm a free zone. Does that still apply to me?" And I think both of you have answered that very clearly, that free zone or mainland, everything that we have discussed today is very much relevant, um, and applies regardless.
- 46:25Carla Wilson: So thank you again, Sarah and Hugo, for sharing your expertise and practical insights with us today.
- 46:30Carla Wilson: What has become very clear from our discussions is that international remote working is no longer simply an HR or an employee wellbeing issue.
- 46:38Carla Wilson: It is a business-wide consideration that can have significant implications across tax, payroll, compliance, governance, and risk management.
- 46:47Carla Wilson: As organizations continue to embrace that flexibility, it is increasingly important that policies, processes, and decision-making frameworks evolve alongside changing ways of working.
- 46:58Carla Wilson: Today's conversation has certainly highlighted the value of taking a proactive approach, asking the right questions early, understanding the potential implications, and ensuring both businesses and employees are equipped to make informed decisions.
- 47:13Carla Wilson: On behalf of Chartered Accountants Worldwide, I'd like to thank Hugo and Sarah for their valuable contributions.
- 47:18Carla Wilson: And thank you all for joining us for this special edition of Difference Makers Discuss Live.
- 47:23Carla Wilson: We hope today's discussion has provided practical guidance and useful considerations that you can take back to your own organizations.
- 47:30Carla Wilson: Until next time, thank you for joining us and for continuing to make a difference