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Can spouse work for Indian company while on dependent visa?

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kavind

Hi,

Is there an option for a dependent spouse to continue work from home and earn in INR after relocating to Belgium with family?

My spouse will be on dependent visa and I will be on work permit.

Thanks!

aneesh

Hello,

In my limited knowledge, it is not required to report the income earned (by your spouse) in another country when you do your taxes here in Belgium. (Do doublecheck this with your tax consultant)

If your wife's employer has no objection for her to work from here and pay her salary to Indian bank account, I don't see any issues in that.

Best regards
Aneesh

kavind

Thank you Aneesh... The employer seems to be fine with the option for few months. I wanted to know if it's legally allowed / not allowed in dependent visa.. but what you said sounds logical and positive since both employment and earning is outside Belgium. 

And my company will be paying my tax directly in Belgium.

Currylover

I cannot answer the question whether it is legally allowed to earn income outside of Belgium as a non EU national, paying taxes on that income outside of the EU.

However I can tell you it is a legal obligation to report this income, same as any other overseas income, to the Belgian FOD/SPF Finances. This does not mean you will pay tax on this overseas income, however it is a crime to fail to report this income.

aneesh

Currylover wrote:

I cannot answer the question whether it is legally allowed to earn income outside of Belgium as a non EU national, paying taxes on that income outside of the EU.

However I can tell you it is a legal obligation to report this income, same as any other overseas income, to the Belgian FOD/SPF Finances. This does not mean you will pay tax on this overseas income, however it is a crime to fail to report this income.


Thank you. I stand corrected.

Hello OP,

Do check with your tax consultant (or whoever is responsible for doing your tax return) to see how shall you report your spouse's foreign income here in Belgium.

BR
Aneesh

kavind

Sure, thank you.. I will check and find out how to declare it if we decide to continue present work from BE.

phipiemar

Hello,

I think there is a point that you forgot. Is that if you are the owner of a work permit, it does not automatically give the right to work to your spouse. A work permit is still nominative. Therefore if ever labor inspection comes to check the records of an employer or in the case of a work accident, you and your employer may have very bad surprises ...

Only in the case of possession of an EU Blue Card, the whole family can work.
expatica.com/be/visas-and-permits/Work-in-Belgium-Guide-to-Belgian-work-permits_422637.html

kavind

Okay so here is more information on the situation:
1. I will be coming on Work Permit and working in my customer's office there. My parent company will put me on BE payroll and take care of my taxes.
2. Since mine is a contract for few months and not very sure about extension after initial contract my spouse is not in a position to resign the present job in India immediately.
3. If spouse comes along with me on dependent visa, should it be only on vacation/leaves? should he carry any letters from his company?
4. Can it be a combination of some vacation time followed by work from home if his company does not have an issue with this as he will still be on Indian payroll?
5. Since he will be on India payroll he will be paying taxes in India for the same.

phipiemar

Finally, a factual question.

1 - OK, in line with belgian legislations
2 - Correct
3 - If she comes as a spouse, her Indian activity does not concern Belgium.
4 - As her work concerns only her Indian employer with no impact on the Belgian labor market, it does not concern Belgium.
5 - Correct. But she will be taken over by the Belgian taxes as your dependant. Which will decrease the amount payable ...

kavind

Thanks for the clarifications. My employer will take care of that part when it comes to my BE tax (that my spouse will have some earnings in home country).

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