For treaty purposes the question is economic rather than contractual. If the host entity directs the work, decides what the person does day to day, bears the cost of their pay and carries the risk of their performance, the arrangement looks like host employment even where the home company still issues the payslip. That matters because the relief that exempts short host working generally depends on the employer not being in the host country. A letter that leaves the point ambiguous invites each country to answer it in its own favour.
Assignment letters & secondments — what does the employer owe?
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Where the host entity directs and bears the cost, the arrangement looks like host employment for treaty purposes. The obligation sits on the payer, and the payer is liable for what it failed to withhold.
What the employer owes
Where the host entity directs and bears the cost, the arrangement looks like host employment for treaty purposes. Secondment agreements that leave the economic employer ambiguous are the ones that produce assessments on both sides.

When it does not bind you
The assignment letter is a tax document. Who employs, who directs, who bears the cost and who bears the risk decide the payroll, the treaty position and the permanent-establishment risk.
How to get this moving
The full treatment — who it binds, the deadline, the penalty and the fixed fee — is on Assignment letters & secondments. Ask before the move rather than after it, because most of the useful options expire on the date.
Reviewed for the 2025 and 2026 filing seasons by Udit Gupta, International Tax, Cross-Border Tax & Transfer Pricing Expert, Legal Quotient Consultants. This is general information rather than advice about your file — a short call is the way to get the second.
What these engagements turn on
Redrafting a secondment agreement that left the economic employer unclear
A group was moving staff between two entities under a template agreement that named the home company as employer and said nothing about direction, cost or risk. We established what happened in practice for a sample of assignees, set out which entity was the economic employer on those facts, and redrafted the agreement so the four determinative facts were stated and matched the reality. The engagement produced a revised secondment template, a note of the treaty position it supports, and a list of existing assignees whose letters had to be amended to agree with it.
Read how this one runsDefending a host assessment with the assignment letter as evidence
A host authority asserted that an assignee was employed locally and that local payroll should have operated throughout. We assembled the assignment letter, the reporting lines the person actually followed, the intercompany cost position and the travel record, and set out why the home entity had remained the employer on those facts. Where a fact did not support the position, it was conceded rather than argued. The engagement produced a written response with its supporting documents indexed, and a schedule of the periods where host reporting had in fact been due.
Read how this one runsShifting payroll to the host entity part-way through an assignment
An assignment that began as a short secondment was extended, and the host entity took over direction and cost of the assignee. The payroll position did not follow. We fixed the date on which the economic employer changed, closed the home-based treatment from that date, opened host employer reporting, and documented the change in an amended assignment letter. The engagement produced a dated changeover, amended letters for the assignee and the two entities, corrected reporting either side of the date, and a check point in the process for assignments that pass their intended end date.
Read how this one runsOne secondment assessed in both countries and resolved on facts
An assignee had been taxed on the same compensation at home and in the host country, each authority treating a different entity as the employer. We reconstructed direction, cost, risk and reporting lines for the assignment period, settled on one position, and filed consistently in both countries with the same evidence behind each filing. Relief was then claimed where the position allowed it. The engagement produced a single documented employer determination, aligned filings on both sides, and an amended letter for the remainder of the assignment so the conflict did not continue.
Read how this one runsTesting permanent establishment risk in a manager's secondment documents
A company seconded a manager to a host group member for an extended period and wanted to know whether the arrangement exposed it to a taxable presence of its own. We read the agreement against what the manager actually did: whose business the work advanced, who directed it, how the cost moved, and what authority the person held. The exposure was described through the facts that drive it rather than as a bare conclusion. The engagement produced a written assessment of the risk, the document changes that reduce it, and a note of the facts that would change the answer.
Read how this one runsAligning a cost recharge with what the assignment letter said
An intercompany invoice moved the cost of several assignees to the host entity while their letters stated that the home company bore it. We traced each recharge to the assignee and period it covered, established which version matched what actually happened, and corrected whichever document was wrong. The transfer pricing treatment of the recharge was then set on the same facts. The engagement produced a reconciliation of recharges to assignees, corrected agreements where the paperwork was the error, and one consistent set of facts for the payroll, treaty and intercompany positions.
Read how this one runsA Secondment Whose Paperwork Decided the Tax
Who employs, who directs and who bears the cost are the facts a treaty article turns on, and an assignment letter is where they are recorded. Drafting it with the tax position in view prevents an argument later.
Read how this one runsAn Assignment Priced on an Equalisation Promise
A policy that leaves the assignee no better or worse off has to be computed, not just stated, and the hypothetical deduction runs alongside the real one. The engagement builds both and reconciles them at year end.
Read how this one runsAll case studies — every published engagement in one place.
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A partnership is taxed in the hands of its partners, so one engagement abroad can reach every partner's personal return. The order matters: the waiver is applied for before the invoice, the presence is tracked before it becomes an establishment, and the payroll is registered before the first day worked in the other country.
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Also asked about Assignment letters & secondments
It is often the main evidence for it. The assignment letter records who employs, who directs the work, who bears the cost and who bears the risk — the same four facts a treaty analysis and a host payroll examination turn on. Authorities read it against what actually happened, so a letter describing an arrangement nobody followed is worse than a short accurate one. Drafting it as a tax document, at the point the assignment is agreed, costs far less than reconstructing the facts from old emails two years afterwards.
It can, depending on what the seconded person does and for whom. Where staff remain the home company's employees, work on the home company's account, and carry out its business in the host country, the arrangement can look like the home company operating there in its own right rather than lending people to a group member. The wording of the secondment agreement, the recharge of cost, and the reporting lines the person actually follows all bear on it. This is a separate exposure from the employee's own tax position, and it sits with the company.
It should say plainly which entity bears the cost of the assignee, whether that cost is recharged, and what the recharge covers. Silence is the problem: where nothing is stated, the paper trail is whatever the intercompany ledger happens to show, and that is frequently inconsistent with the letter. The cost-bearing fact drives the treaty analysis, the host payroll position and often the transfer pricing treatment of the recharge, so all three should be settled on one set of facts rather than separately by three different teams.
Usually because the economic employer was left ambiguous and each authority resolved the ambiguity its own way. The host reads the arrangement as host employment and taxes the compensation locally; the home country carries on treating the person as its employee and taxes the same pay. Nothing in the documents settles it. Fixing the position afterwards means establishing what actually happened — direction, cost, risk, reporting lines — and asserting one consistent answer in both countries on the same evidence, rather than filing whatever each local adviser prefers.
On its own, no. A recharge is one fact among four, and it is the easiest to contradict: an invoice moving cost to the host entity does not help if the letter says the home company bears it and the assignee reports to a home manager throughout. A useful position has the agreement, the recharge and the working reality all saying the same thing. Where they do not, either correct the documents to match what happens or change what happens to match the documents, before an authority makes the comparison for you.
A social security agreement that stops you contributing to two systems for the same work, and lets periods in both count towards benefit eligibility in either. Which system you stay in depends on the agreement's rules for your situation — a seconded employee usually remains in the home system for a set period, a locally hired one usually joins the host system. You evidence it with a certificate of coverage obtained before or shortly after the assignment starts. See certificates of coverage.
It can. One employee working from home in another country may be enough where the arrangement gives the company a fixed place at its disposal, or where that person habitually concludes contracts. Seniority and function matter more than headcount: a salesperson closing deals is a far greater risk than a developer. The exposure is corporate tax and payroll registration in that country, which is why it is worth testing before the hire rather than after. See PE risk review.



