- April 4, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Considering Freelancing Alongside Current Employment
I am currently working as a seishain and my wife is my dependent (housewife). I am thinking of delving into freelance work, potentially earning around ~600k per month, while continuing my current job. I wish to keep this endeavor confidential from my employer. Amidst this, I am actively engaged in 確定申告 for tax purposes.
### How AI Legalese Decoder Can Help
AI Legalese Decoder can assist you in navigating the complexities of registering a company for freelance work while maintaining your current job. It can provide insights on whether to opt for a kojinjigyo or KK for your freelance venture. Furthermore, it can offer guidance on potential tax advantages of registering the company under either your name or your wife’s name.
#### Key Questions to Address:
1. To venture into freelance work, would it be advisable to establish a registered company?
2. Considering tax implications, should the company be registered under my name or my wife’s name for optimal benefits?
3. Should I opt for a kojinjigyo or KK structure for my freelance pursuits?
### Confidentiality Concerns
An imperative requirement is to ensure that your existing company remains unaware of your freelance activities. Thank you in advance for any assistance provided in this matter.
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The word “freelance” implies being a sole proprietor, aka Kojin Jigyo. This is not a company, and you don’t “register”. You notify the NTA that you will be doing business under your name, or alternatively you’ll be an employee of your wife.
Registering a company would imply a KK. This is an entity which is separate from yourself. However, if you want to get money out of the company you will have to pay yourself a salary. If you have two salaries you are required to submit paperwork to the pension office, and your other employer would find out immediately.
Even as a sole proprietor, there are apparently some cases where even if you request to pay your residence tax by yourself, they would still send it to your employer. I think this is a rare case, but apparently it does happen (presumably mostly by the error of the person filing taxes who forgot to click the right box).
So, the best solution is to either act as a sole proprietor and make extra sure that your extra high residence tax bill doesn’t go to your employer, or set up a KK and don’t pay yourself any salary.
Obviously, since you’re trying to be quiet about it you are presumably breaking your company’s rules by having side work, so please act at your own risk.
When you don’t want your company to find out about something, it’s usually either a bad idea or a bad company to work for. I hope you know what you are trying to do, and any possible consequences.
> To work as a freelance, is it better to register a company ?
It depends.
> For tax reason, would it be better to register the company under my name or my wife’s name?
It depends. But either way, for any income you’d have from your own company because of working for it, you should declare that income on your name or that’d be tax fraud. Hiding things from the company is one thing, but tax fraud is just bad.
> kojinjigyo or KK?
Again, it depends. There wouldn’t be options if only one of them ever was the correct one for everyone.
Actually, if you decide on incorporating you should probably still become a sole proprietor as a director of the company, because you wouldn’t be an employee yourself.
Also consider a GK if you don’t expect outside investment. A GK is sensibly cheaper to register.