Tax equalisation & protection policies — what does the employer owe?

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Answer

Under equalisation the employer bears the actual host and home tax and deducts a hypothetical home tax from the employee; under protection the employee keeps any windfall. The obligation sits on the payer, and the payer is liable for what it failed to withhold.

What the employer owes

Under equalisation the employer bears the actual host and home tax and deducts a hypothetical home tax from the employee; under protection the employee keeps any windfall. Both create gross-up cycles that have to be modelled before the assignment letter is signed.

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Where the general answer is wrong

Equalisation and protection sound similar and cost very different amounts: one keeps the employee whole against their home tax, the other only shields them from being worse off.

Tax equalisation & protection policies — what does the employer owe?
ItemAmount
Annual salaryC$154,000
Working days in the year240
Days worked in the other country109
Days worked at home131
Income sourced to the other countryC$69,942
Income sourced at homeC$84,058

C$69,942 is sourced abroad on this split, which is the figure the host country taxes and the figure the home credit is computed on. Reproduce this from a travel record, not from memory — it is the first thing an auditor asks for.

These amounts illustrate the mechanism only. The rates and thresholds are assumptions of the example, not your numbers: each is checked against the issuing authority for your specific tax year before any return is filed.

Your next step

The full treatment — who it binds, the deadline, the penalty and the fixed fee — is on Tax equalisation & protection policies. Describe the situation in your own words; translating it into forms is our job.

Checked and signed off for the 2025 and 2026 filing seasons by Udit Gupta, Cross-Border Tax Expert, Legal Quotient Consultants. Published as general information. For a position on your own file, call the 24-hour helpline.

Where international tax policy comes into this file

People reach this page searching for international tax policy. It is covered here as it applies to tax equalisation & protection policies — who it applies to, what has to be filed, and what it costs, at a fixed fee agreed before the work starts.

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Case study 1

Modelling an assignment cost before the letter was signed

A company was about to second a senior manager and had budgeted the assignment from the first pass of a tax estimate. We ran the gross-up cycle to its settled point, separated the employer-borne host and home tax from the hypothetical deduction, and set the cost of equalisation against the cost of protection for the same package. The package was then restructured while it could still be changed. The engagement produced a settled cost model for both policy options, a hypothetical calculation basis stated in writing, and wording for the assignment letter that matched the model.

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Case study 2

Choosing protection over equalisation for an outbound engineering move

An employer moving staff to a lower-tax location was applying equalisation as a default and collecting the benefit back from employees who resented it. We set out what each policy actually promises, established that downside protection was the part the workforce valued, and rewrote the policy for that assignment type on a protection basis with a stated comparison calculation. The engagement produced a redrafted policy, a worked comparison for a representative package, and a rule for which assignment types stay on equalisation, so the choice is no longer taken case by case.

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Case study 3

Settling a hypothetical calculation an assignee disputed

An assignee challenged the hypothetical home tax deducted from their pay, on the basis that deductions and family circumstances they would have claimed at home had been ignored. We reconstructed the calculation on the assumptions the policy actually stated, identified the two items that had been applied inconsistently with it, and recomputed the year. The result was explained to the employee line by line. The engagement produced a corrected hypothetical calculation, a settlement figure both sides accepted, and an amendment to the policy stating which items the hypothetical recognises so the argument does not recur.

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Case study 4

Recovering host refunds that belonged to the employer

An employer had borne the actual host tax for several assignees under equalisation, and the refunds arising from their host filings had been paid into the employees' own accounts. We established what each refund related to, matched it against the tax the employer had borne for that year, and set out the recovery position under the policy as written. Where the policy was silent, the gap was identified rather than papered over. The engagement produced a schedule of refunds by assignee and year, a recovery position for each, and policy wording assigning future refunds explicitly.

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Case study 5

Rewriting a policy that mixed equalisation and protection wording

A mobility policy promised employees they would be no worse off than at home and, three paragraphs later, that the employer would bear all assignment taxes and deduct a hypothetical amount. Assignees were quoting whichever sentence suited them. We separated the two mechanisms, established which one the employer had actually been operating in each population, and redrafted so that one policy governs one assignment type. The engagement produced a single coherent policy document, a mapping of existing assignees to the mechanism their letters support, and a list of the letters needing amendment.

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Case study 6

Closing an equalisation year long after the assignee repatriated

An assignment had ended two years earlier and nobody had settled the final position. Home and host returns had since been filed, credits had been allowed, and the hypothetical calculation had never been recomputed on actual figures. We rebuilt the year from the filed returns, recomputed the hypothetical on the policy basis, and produced the closing settlement with its supporting calculation. The engagement produced a settled final position for that assignment year, a statement of what remained outstanding in each direction, and a settlement deadline written into the policy for future assignments.

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Case study 7

Putting a Foreign Hire on a Canadian Payroll

The obligation sits on the payer, and the payer is liable for what it failed to withhold. Registration, the residence question and any treaty exemption are settled before the first pay run rather than after.

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Case study 8

Canadian Pension Paid Abroad and Taxed at the Flat Rate

Pension and annuity payments to a non-resident carry a flat withholding that often exceeds what a return would produce. The alternative filing is elective, and whether it helps depends on the total income for the year rather than on the payment alone.

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Questions that come up on Tax equalisation & protection policies

What is the difference between tax equalisation and tax protection?

Equalisation keeps the employee in the position they would have been in had they never left: the employer bears the actual home and host tax on the assignment, and deducts a hypothetical home tax from the employee as though they were still working at home. Protection is weaker and cheaper. It only ensures the employee is not worse off than at home, so if the assignment happens to leave them in a lower-tax position they keep the benefit. The two read almost identically in a policy document and produce very different employer costs across an assignment.

What is the hypothetical tax deduction on an assignee's payslip?

It is not a tax. It is the amount the employee would have paid at home had they stayed, deducted from their pay so that their take-home is unchanged by the move. The employer then bears the real home and host taxes. Because it is a policy figure rather than an assessment, it has to be computed on stated assumptions — which income is included, which deductions and credits are recognised, what family position is assumed — and recomputed once the actual year is known. The settlement between employer and employee is the difference between the two.

Why does the cost of equalisation keep rising after we calculate it?

Because the tax the employer bears on the employee's behalf is itself compensation. Bear the host tax, and the host country treats that as further income, which attracts more tax, which is again compensation. The cycle converges rather than running forever, but it has to be taken to its settled point before the employer's real cost is known. Quoting an assignment cost from the first pass understates it, sometimes substantially. That is why the modelling belongs before the assignment letter is signed, while the package can still be structured, rather than after.

Can the assignee keep a tax refund under a protection policy?

Under protection, generally yes, and that is the difference the employee is buying. Protection only shields them from being worse off than at home, so a favourable outcome stays with them. Under equalisation it does not: the employer has borne the actual tax, so refunds and credits arising from the assignment belong to the employer, and the policy has to say so and set out how they are collected. Most arguments at the end of an assignment are about precisely this, and they are decided by what the policy document and the assignment letter say.

Which policy should we choose for a short outbound assignment?

Cost and administration usually decide it. Equalisation gives the employee certainty and gives the employer an open-ended liability that has to be modelled, gross-up cycle included, and settled after each year. Protection caps the employer's exposure to the downside only, and needs a comparison calculation rather than a full hypothetical deduction every period. The harder question is consistency: running both across one population invites arguments between assignees on similar packages, so the choice is better made by assignment type and written down than taken case by case.

What happens to the equalisation settlement after the assignee comes home?

The assignment cost is not final on the return date. Home and host returns for the assignment years are filed afterwards, refunds and credits arrive later still, and the hypothetical calculation is only recomputed once the actual position is known. The settlement between employer and employee therefore falls due some time after repatriation, and it can run in either direction. A policy that does not state a settlement deadline, a currency and an interest position leaves the employer chasing amounts from someone who has already moved on.

What counts as foreign income, and what is a foreign tax?

Foreign income is income sourced outside the country you are filing in — where the work was done, where the property sits, where the payer is resident, depending on the type. A foreign tax, for credit purposes, is a levy imposed by another country that functions as an income tax and that you were legally required to pay. Consumption taxes, property taxes and most social contributions are not, however real the cost. Sourcing is decided by rule, not by which bank received it. See the foreign tax credit.

Do NRIs pay tax on money sent to India?

Sending your own funds to India is a transfer of capital, not income, so the remittance itself is not taxed. What is taxable is income the money then earns in India — interest, rent, capital gains — under the rules for the account type it sits in. Sending money out of India is the direction that needs certification before the bank will act. See NRE, NRO and FCNR accounts.

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