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DoubleTaxation.tax residence check for U.S. taxpayers abroad

Working remotely for a foreign employer

If you live in one country and work from home for an employer in another, three questions arise: where your salary is taxed, whether your home office creates a taxable presence for the employer, and where you pay social security.

Where the salary is taxed

Under tax treaties (Article 15), salary is taxed where the work is physically done — not where the employer is or where the results are used. If you work from home in your country of residence, that country taxes the salary. The employer's country can tax only days you physically work there, and even then the 183-day exemption may apply.

Can your home office create a permanent establishment?

In November 2025 the OECD replaced its Commentary on home offices (Article 5, paragraphs 44.1–44.21):

Several countries disagree with these paragraphs, and the 2021 COVID-19 guidance applied only during the pandemic. Check the position of your treaty partner.

Social security in the EU

Outside the EU, bilateral social security agreements or national law apply.

Common mistakes

When to see a professional

Sources

Sources checked: 2026-11-10. General information, not legal advice. Treaties and national laws can differ from the OECD Model; always check the treaty that applies to you.

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