I’m not sure where to put this question but here seems as good a place as any. Bit of a niche one.
British national is living in Spain, caring for his elderly parents. Applies for and gets offer of home based job for a British charity based and working exclusively in UK. He declares that he lives in Spain and potential employer withdraws job offer as it is concerned that it may be liable for Spanish NI/Tax as well as UK and may become subject to Spanish employment laws which it knows nothing about and doesn’t want to pay to research.
I think (from the little that I managed to find out) that the employer’s concerns are unfounded. It will pay UK tax/NI and UK employment laws apply. He may have to pay additional Spanish taxes on worldwide income but that is his concern, not his employer’s. Likewise, sorting out residence/work permit/settled status issues in post-Brexit Spain will be down to him and not the potential employer.
Am I correct or am I missing something? I’m a bit out of my depth with this.
There may be some scope to reassure/negotiate with the potential employer. He is not in a position to pay for specialist advice from an accountant, tax lawyer or similar and the employer has made it clear it will not do so. His legal position is weakened because he deliberately concealed the fact that he lived in Spain until after he was offered the job (which was advertised as open to UK based home workers) so it would make more sense for him to go down the negotiation/reassurance route. than try to challenge it legally. I have suggested he contact HMRC in the first instance but any other advice or info most welcome. Thanks.