Member News

L&L: The impact of the COVID-19 crisis on cross-border commuting and the residence status of individuals, some remarks

April 30, 2020 |

On 3 April 2020, the OECD Secretariat issued its analysis on tax treaties and the impact of the COVID-19 crisis. The guidance deals with (a) concerns related to the corporate residence status (place of effective management); (b) concerns related to the creation of Permanent Establishments; (c) concerns related to cross-border workers, and (d) concerns related to the residence status of individuals. In this special edition we focus on the issue of cross-border commuting and the residence status of individuals.

The COVID-19 crisis may raise concerns about a potential impact on taxing rights on the remunerations paid to cross-border commuters who are compelled to telework and/or received (subsidized) income. Furthermore, the COVID-19 crisis may raise concerns about a potential shift in the residence status of an individual who is stranded or has temporarily returned to its ‘‘previous home country’’. Below we deal with the OECD analysis as well as the perspective of our L&L home markets – Belgium, Luxembourg, Netherlands and Switzerland – on cross-border commuting and the residence status of individuals.

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AUTHORS:
Linda Brosens, Stephanie van Gils, Bruno da Silva, Anne Molleman, Dennis Weber, Ruben van der Wilt, and Fabian Sutter

Compliments of Loyens & Loeff – a member of the EACCNY.