Telecommuting from Japan to California - Is it possible?

clambake asks: "Well, the long and short of it is I'll be moving to Japan next month as my wife is returning to finish her Master's degree in Tokyo. I have an excellent job now in Silicon Valley, and I'd love to keep working here from abroad, but it looks like California lawmakers have it out for me. Despite my company's willingness to keep me on, the labor laws make it very difficult, if not impossible, to do so when I don't physically work in the country. I can't work as a contractor for my own company either, as there are laws in place to 'protect' me from my employer trying to demote me to contractor to save on paying benefits. Is there anyone out there who's been through a similar situation and who would be willing to post their success or failure stories?"

Re:Set up a PO Box or similar

[Zachary Kessin]

IANAL (or tax expert) but I am an american who has lived outside the US, (UK, and as of next week Israel) And if you are living outside the USA you still have to file a tax return but you get a major tax discount, (the first $70,000 or so is tax free). Even if you are being paid by an american company in american dollars via an american bank. If you look at the IRS web site www.irs.gov [irs.gov] you will find some very helpfull information.

Good Luck to you and have a safe trip!

Re:what they don't know won't hurt them

[anthony_dipierro]

I worked for 8 months from Germany, but my legal address was a Mailboxes Etc. box in Berkeley, CA. This is a better option than a US PO Box because your address will look "real" -- mine was "1536 Solano Ave. #248" -- 1536 Solano Ave. being the location of the Mailboxes Etc. and 248 being the box number.

Unfortunately, thanks to a bunch of paranoid freaks worried about identity theft, that's not allowed any more. According to a rule passed March 25 [sba.gov], 1999, you have to use PMB in your address in order to receive mail to a Mailboxes Etc. box.

Don't ask, don't tell

[flockofseagulls]

You're making a lot of fuss over nothing. If you simply move overseas and keep your U.S. bank account open, get your paychecks direct deposited, and don't cause any fuss, the state of California will never know or care where you live. No one will investigate or sue on your behalf against your will. You file your tax returns and I promise the IRS and Calif. Dept of Revenue don't care where you live as long as you pay.

Getting money out of your U.S. bank in Tokyo is easy: just use your ATM card, or transfer the money online to a U.S. credit card account (you'll get better exchange rates).

The same principle would apply if you contracted: if neither party (you or your employer) complain the state won't know or care what's going on. And if you're contracting a bunch of labor laws go away... again no one from the state is going to investigate a case of ONE stray contractor, assuming they had reason to come around in the first place. Unless your employer has lots of dicey foreign employees already they will never get a visit from the INS. Those people have their hands full with real illegal immigrants and abusive employers to chase down theoretical abuses like you're describing.

Simply getting on a plane to Japan is not going to trigger any investigation by the labor dept. Just go, get your paychecks, and stop worrying about it. I lived and worked on and off in England working for both U.S. and English companies, and the only government agencies that ever care are the tax authorities.