Everybody is an Employee…Maybe…Possibly

August 6, 2015June 3, 2016 Mike Burke Employment, Jurisdiction Choice of Jurisdiction, Consultants, contractors, distribution agreements, doing business in the united states, employment, Forming an Affiliate, ireland doing business in the united states, ireland export, ireland exporter, ireland us affiliate, northern ireland doing business in the united states, northern ireland export, northern ireland us affiliate, risk mitigation, sales agents, US affiliate

Businesses operating in or expanding to the US, including those from Ireland and Northern Ireland, use independent contractors to avoid some of the baggage associated with the employer/employee relationship under US law. The use of independent contractors recently has gotten more complicated due to the US Department of Labor’s publication of Administrator’s Interpretation 2015-1. The Interpretation is part of the Department’s closer monitoring of the ‘independent contractor’ designation. Businesses from Ireland or Northern Ireland operating in or expanding to the US, and using the services of an independent contractor (such as a sales agent) should take another look at how they designate a person as an ‘independent contractor,’ as soon as possible. Continue reading →

Of War Stories and Security Interests

March 12, 2015June 3, 2016 Mike Burke Terms and Conditions distribution agreements, doing business in the united states, ireland doing business in the united states, ireland export, ireland exporter, ireland us affiliate, northern ireland doing business in the united states, northern ireland export, northern ireland exporter, northern ireland us affiliate, permanent establishment in us, risk mitigation, US affiliate

This is a good ‘war story’ about getting paid. The client was (and is) based in the European Union, and they sold product to the US market. Their products were (and are) high-value, about $100,000+ per item. Not stuff I’d be able to buy, but I digress. The company insisted–strongly–on using their ‘home country’ terms and conditions of sale in the US, without thoroughly reviewing whether there was anything in the home country law that could adversely affect them in the US. We were not involved at that point. Continue reading →

You’re Not Doing Business in the US…Unless You Are

January 29, 2015May 25, 2016 Mike Burke Jurisdiction, Smart Exporting distribution agreements, doing business in the united states, ireland doing business in the united states, ireland export, ireland exporter, ireland us affiliate, jurisdiction, northern ireland doing business in the united states, northern ireland export, northern ireland exporter, northern ireland us affiliate, risk mitigation, Smart Exporting, US affiliate, us ireland tax treaty, us uk tax treaty

I spoke recently with the owner of an Irish company that sells its products online to purchasers in the US and other countries. The US isn’t a true focus of this company’s expansion efforts, but the US market is a nice added benefit to the company’s revenue stream. They don’t have a US-specific website, but if you go to their order page you can enter a US address for delivery. In discussing their sales efforts, I asked what the company does in terms of US-focused terms/conditions of sale and related agreements. Nothing, I was told, because the company isn’t ‘doing business’ in the United States. In a limited way, that answer is correct. But, that answer also is wrong, and dangerously so. Continue reading →

Irish Export Insights

Practical Guidance for Irish and Northern Irish Companies on Doing Business in the U.S.

distribution agreements

Everybody is an Employee…Maybe…Possibly

Of War Stories and Security Interests

You’re Not Doing Business in the US…Unless You Are

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