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Working for a client abroad raises the question of whose rules apply

A job that crosses a border brings a second set of rules into play, and which of them governs the work is not automatically the set you are familiar with.

By Kabir Anand3 min read

People in professional attire reviewing important documents together on a sofa.
Photograph by cottonbro studio via Pexels
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Two systems, one piece of work

When both parties are in the same country, an enormous amount goes unexamined because it is simply assumed: which rules apply to the contract, where a dispute would be heard, what has to appear on an invoice, what protections the buyer has. All of that is settled by default and nobody thinks about it.

Cross a border and every one of those questions reopens. This is not a reason to avoid overseas work, which is often excellent work. It is a reason to establish a small number of things once, rather than discovering them individually and at the worst moments.

Which country’s rules govern the agreement

Contracts commonly state which country’s law applies, and where they are silent the answer is determined by rules that are neither obvious nor uniform. A client’s standard terms will usually specify their own country, which is entirely normal from their side and worth noticing from yours.

What that choice affects is broad: how the agreement is interpreted, what is implied into it, what limits exist on excluding responsibility, and how notice and termination work. A supplier who assumes their own familiar position applies may be operating under quite different assumptions from the person they are dealing with.

Where a dispute would happen matters as much

Separate from which law applies is the question of where a disagreement would be resolved, and for a very small business this is frequently the more practical consideration. A favourable clause in a distant forum is of limited use if pursuing it would cost more than the contract was worth.

That reality argues for structural protection rather than contractual protection. Deposits, staged payments and keeping the outstanding amount modest do more to protect a small supplier working internationally than any clause, because they reduce the amount at stake to something you could absorb.

It cuts the other way too, and that is worth remembering before treating every overseas client as a hazard. A client in another country is taking the same view of you, with the same limited practical remedies if you fail to deliver, and they are usually the one paying first. Both sides are relying more on judgement and reputation than on enforcement, which is a considerably more common basis for commerce than the paperwork suggests.

Invoicing and sales taxes work differently

Cross-border sales frequently carry their own requirements: what must appear on the invoice, whether a sales tax applies and to whom, whether the buyer accounts for it instead of you, and what evidence has to be retained to show where the customer was.

These rules differ by country, by whether the customer is a business or an individual, and by what is being sold, and they change. Getting them wrong is easy and is not always discovered quickly. This is a specific and worthwhile question for a qualified accountant before the first overseas invoice rather than after several of them.

Selling to individuals abroad is a further case

Consumer protection rules commonly attach to where the buyer is rather than where the seller is, which means selling to individuals in another country can bring their protections into play regardless of what your terms say.

Those protections often cover information that must be given before purchase, rights to cancel, and how complaints must be handled. For a small business selling occasionally across a border this is more manageable than it sounds, and it is not something to assume away. Establishing the position for the countries you actually sell to is a bounded task; assuming your home rules travel with you is the version that goes wrong.

Settle a short list before the first job

Before taking overseas work, establish which law the agreement will operate under, what your invoice needs to show, how sales taxes are handled for that kind of customer, and how much you’re willing to have outstanding at any one time.

That is one conversation with a qualified accountant and one careful read of the agreement, and it covers everything afterwards. Compared with the cost of unwinding a misunderstanding across two systems and a time difference, it is among the better-value hours a small business can spend.

None of this needs to be settled for every country in the world. Overseas work tends to concentrate in two or three places, so establishing the position for those and treating anything genuinely new as its own small piece of research is entirely proportionate. The mistake is the general one — assuming that because the work is identical, everything around the work must be identical too.

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Kabir Anand
Deputy editor, Biz Wealth Focus

Kabir writes about starting out, pricing, cash flow, mostly the parts other people skip and is unreasonably interested in the detail nobody else checks.