Asked in Employment Law and Tax Law for California

Q: One of our employees is planning to leave the company due to the 20% tax he has to pay in France.

One of our employees is planning to leave the company due to the 20% tax he has to pay in France. He is Mexican and recently moved to France. Our company is based in the US, and we all work remotely since we are a startup. According to our contract, he is classified as a contractor, and he is solely responsible for his tax obligations. Initially, he asked if we could add at least 10% to his salary to cover the taxes, but due to limited resources, we are unable to accommodate this request. He also inquired if we could deduct the 10% from our tax declaration. I am unsure how to assist him and encourage him to stay. I would greatly appreciate your guidance and support in this matter.

Related Topics:
2 Lawyer Answers

A: To get an answer you are going to have to get specific confidential advice from an attorney familiar with federal income tax. Under no circumstances should you consider misreporting the truth.

Good luck to you.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Generally, contractors are responsible for their own taxes. Review the tax treaties between France, the US, and Mexico to understand tax obligations. Typically, a company cannot deduct an employee's personal taxes from its own tax declaration. Consider discussing other ways to support the employee, such as providing resources or connecting them with local tax professionals.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.