Do we deduct CPP and EI or FICA for cross-border staff?
Whichever system the totalization agreement assigns to that person for that work. The allocation is set by the agreement, not by where payroll sits or which arrangement is easier to run, and it is decided person by person on the facts of the engagement. So the first step is to establish which system applies before any deduction is made, because the employer is the one exposed for contributions it should have taken and did not. Running both to be safe is not a cautious answer; it creates contributions in a system that was never the right one.
Can an employee choose which country's contributions to pay?
No. The allocation follows the agreement, and neither the employee's preference nor the employer's payroll convenience changes it. Employees often have a view, usually because one system's deductions look smaller or because they want their record to build in the country they expect to retire in, and that view cannot be given effect by electing into a system. What can be done is to establish the correct allocation early and explain what it means for the employee's record, so the contribution history matches the expectation rather than surprising them later.
Are the self-employed treated the same as employees here?
No, and this is one of the sharper differences between the two systems. The agreement deals with the self-employed separately from employees, and each country's own rules for employers, employees and the self-employed differ from each other as well. A person who is self-employed on one side of the border and employed on the other is not simply a combination of two ordinary cases, and the allocation has to be worked out for the actual pattern of work. Deciding it on the employee rules because they are more familiar is how contributions end up in the wrong system.
Can we get back contributions paid into the wrong system?
Usually yes, but slowly, and the claim goes to the authority that collected them. Recovery is an administrative process with its own evidence requirements, and it runs on a different timetable from correcting the payroll going forward, so the two have to be handled as separate pieces of work. In practice the correction going forward is the urgent part, because every further cycle adds to what has to be recovered. Plan for the recovery taking considerably longer than the fix, and do not treat the money as available in the meantime.
Does paying into the other system still build my pension?
Entitlement follows the periods actually credited, so what matters is which system received the contributions and recorded them, not which one you assumed was receiving them. Contributions sitting in the wrong system do not quietly count in the right one. That is why a wrong allocation has two costs: the recovery, and a contribution record with gaps in the place the person expects to claim from. When the allocation is corrected, check what each system's record now shows rather than relying on the payroll entries alone.
Does the employer's own share differ between the two systems?
Yes. The two systems set the employer side differently from each other, and each sets it differently again for employees and the self-employed, so the cost of the same person doing the same job is not the same under both. For an employer budgeting a secondment that matters twice over: the contribution cost sits where the agreement puts it, not where the offer was priced, and a late correction changes the employer's own cost as well as the employee's deductions. Establish the allocation before the offer is finalised.
What happens if the two countries disagree about which of them can tax me?
The treaty has a procedure for exactly that. You apply to the competent authority in your residence country, which takes the case up with its counterpart, and the two negotiate a position that removes the double taxation. Some treaties add binding arbitration if they cannot agree. It is slow and it runs on documents, so the practical work is preserving the record and filing protective claims while the clock runs. See our treaty work.
Branch or subsidiary — which should we use to expand?
A branch keeps one taxpayer: results consolidate at home, losses are usable sooner, and the exposure is that the branch is a permanent establishment whose profit the host country taxes, sometimes with a branch tax on repatriation. A subsidiary is a separate taxpayer with limited liability and local rates, at the cost of withholding on dividends home and transfer pricing on everything between them. The deciding facts are usually expected losses, liability and exit plans. See branch against subsidiary.
