Hong Kong USA

bluelabe · #1 (**permalink**) 26th February 2009, 07:27 AM

not quite an expat discussion, but related. I'm considering to work for a Hong Kong company, but majority of my work will take place in USA, which is where I reside. Am I employed under HK laws? USA laws? Federal USA laws (CA)? Also, I may end up living there for 2-3 months during the year. I'm confused.

Bevdeforges · #2 (**permalink**) 26th February 2009, 08:12 AM

If your "place of work" is going to be in the US, you fall under the employment laws of the US and the state in which you reside. It doesn't really matter where your employer is headquartered or located, except when it comes to the precise manner in which you are paid and how you pay your taxes and withholdings.

If you're an employee, the company will have to do all the usual withholdings and remit them to the governments (Federal and State) through some US entity (branch, subsidiary, etc.). If they don't have a US presence other than you, they'll probably pay you as a contractor, in which case you become responsible for filing all the necessary taxes and withholdings.

Staying in Hong Kong for 2 to 3 months a year doesn't "break" your US residence. It's considered a business trip - which may result in some deductible business expenses, depending on how your employer handles things.
Cheers,
Bev

bluelabe · #3 (**permalink**) 1st March 2009, 11:36 PM

Appreciate your taking the time to clarify this.

Quote:

Originally Posted by Bevdeforges

If your "place of work" is going to be in the US, you fall under the employment laws of the US and the state in which you reside. It doesn't really matter where your employer is headquartered or located, except when it comes to the precise manner in which you are paid and how you pay your taxes and withholdings.

If you're an employee, the company will have to do all the usual withholdings and remit them to the governments (Federal and State) through some US entity (branch, subsidiary, etc.). If they don't have a US presence other than you, they'll probably pay you as a contractor, in which case you become responsible for filing all the necessary taxes and withholdings.

Staying in Hong Kong for 2 to 3 months a year doesn't "break" your US residence. It's considered a business trip - which may result in some deductible business expenses, depending on how your employer handles things.
Cheers,
Bev