employment workplace
US Expat with Work/Bank/401k in the US, is that legal?
<p>I'm a US citizen living in Europe for the last couple of years. I work remotely for a US company, receive salary in a US bank, 401k, pay full federal/state taxes - all as if I'm in the US.</p>
<p>My employer isn't concerned by the fact that I'm not physically present at my address in the US (New York) for more than 6 months a year, and simply treats me as a US employee.</p>
<p>Is my employer at fault at this situation? Is this problematic for me in any way (from the perspective of the US work law, or some other law)?</p>

<p>There is nothing wrong with a US citizen  working remotely from outside the US, and paying taxes as if  that person lived at his orm her lawful US residence. Problems may (will) come if such a person tries to <strong>stop</strong> paying federal tax. No US law that I know of is being violated by either employee or employer.</p>
<p>If the person no longer owned or rented a residence in the US, and wanted to claim not to be a resident of any US state, it <strong>might</strong> be possible to avoid state (but not Federal) taxes, but that is a somewhat complex matter, and such a person would be wise to consult a lawyer experienced in such issues.</p>
<p>As a comment mentioned, there may be taxes due to the country where such a person physically lives, but that is separate from what is owed to the US or what is legal under US  law.</p>

<blockquote>
<p>Is my employer at fault at this situation?</p>
</blockquote>
<p>No, your employer is doing all that they are legally obliged to do. They are domiciled in the US and (apart from you) have no connection to the foreign jurisdiction.</p>
<blockquote>
<p>Is this problematic for me in any way (from the perspective of the US work law, or some other law)?</p>
</blockquote>
<p>Problematic? No, so long as you pay both your US taxes and the taxes in the foreign country. There will be accountants who specialise in this.</p>
<p>If your country has a tax treaty with the US it is likely that there will not be double taxation but you will still need to lodge tax returns etc. if there isn’t a treaty, you will have to pay tax in both countries - worst case this <em>could</em> be more than your income.</p>
