What is ANobAG? —
Here’s what you need to know
Do you work or want to work from Switzerland for a company not based in Switzerland? There is a special legal form for this scenario in Switzerland called ANobAG (Arbeitnehmende ohne beitragspflichtigen Arbeitgeber). ANobAG provides the legal and administrative framework to work for a foreign company from Switzerland.
ANobAG are all those who work for a company based outside of Switzerland but despite the foreign employer these employees are still subject to Swiss social security obligations. Let us show you how you can easily use ANobAG to your advantage and what what mistakes you should avoid.
What is ANobAG?
ANobAG is a Swiss employment scheme that enables Swiss residents to fulfill their Swiss social security system contributions while remotely working for a non-Swiss company without an establishment within the country. ANobAG is a German acronym that stands for “Arbeitnehmer ohne beitragspflichtigen Arbeitgeber”, which means “employee without a contributory employer”.
In a regular employee-employer relationship, the employer is responsible for paying all necessary tax and insurance contributions on behalf of the employee. However, in accordance with Swiss regulations, this requires both the employee and the employer to have residence or at least a legal entity based in Switzerland.
If the employer does not have a registered entity in Switzerland, they are not obligated to pay the employee’s social security contributions. Therefore, ANobAG transfers the responsibility to enroll in the Swiss social system and pay all necessary tax and insurance contributions from the employer to the employee.
Obtaining ANobAG status makes the employee a “self-employed” worker or “independent contractor”. But how does ANobAG work, how much does it cost, and what is the ANobAG registration process?
How does ANobAG work?
The ANobAG registration process varies per the canton of residence and where the employer is domiciled. As it pertains to the domicile of the employer, here are some of the differences in the ANobAG registration process:
- EU/EFTA Domicile: Due to the close relations and trade agreements between Switzerland and member states of the EU (European Union) and EFTA (European Free Trade Association), an employer can simply register with the local canton compensation office. To do so, the employer is only required to provide a mailing address. This way, the employer can remotely conduct payroll according to Swiss regulations and conclude the required tax and insurance contributions for the employee. With this solution, the employee is viewed in the legal sense as a regular Swiss employee working for the Swiss entity of a foreign company.
- EU-ANobAG: As it pertains to foreign entities domiciled within the EU that do not wish to register in Switzerland, the employee must register themselves as an ANobAG with their local canton compensation office. In this case, the employee and employer must establish an agreement pursuant to Article 21, para. 2 of the Regulation (EC) No. 987/09 which defines the social security contributions the employee is responsible for. The employee must also conclude the mandatory pension fund and occupational accident insurance. In any event, the employer will still be held liable toward the compensation office where the ANobAG employee is registered. Because the employer retains an obligation to the canton compensation office, this type of ANobAG registrant is known as a “pseudo ANobAG”.
- Domicile outside the EU/EFTA: If an employer is domiciled outside the EU or EFTA or the employee is a non-Swiss, EU, or EFTA citizen (i.e. Swiss permanent resident), the process is a little more complicated. In this situation, the employee must file with their local canton compensation office as a “genuine ANobAG”. A genuine ANobAG is an employee who bears the entire responsibility to conclude all required contributions. All invoices from the compensation office will be sent directly to the employee, including any employer-related contributions. However, for a genuine ANobAG, although they are obligated to pay for accident insurance, concluding a pension fund is voluntary. Despite the ANobAG being responsible for the conclusion of all contributions, a written agreement, or ANobAG contract, between the employee and the employer should be established to determine any reimbursements the employer will provide the employee with to compensate for certain premiums.
Understanding how to correctly obtain an ANobAG status and ensure you conclude all the necessary social security contributions you’re liable for can be a difficult path to navigate. To make this process clear and eliminate stressors like uncertainty or confusion, our consultants here at dieVorsorge are here to walk you step-by-step throughout the entire process. Get in touch or book a consultation with us.
ANobAG vs. Payroll Companies
For a registered ANobAG, the entire responsibility of concluding the mandatory contributions rests solely on their shoulders. This is no small task, and one that many people probably want to avoid. Fortunately, there is an alternative: registering with a payroll company.
A payroll company is a specialized third party service provider that “employs” an independent contractor or freelancer. When a payroll company employs an individual, they assume the responsibilities of an “ordinary Swiss employer”, including the processing of payroll, conclusion of social security contributions, and the collection/distribution of earned wages. The payroll service provider also keeps a timesheet to track the employee’s working hours, which is then used to calculate earnings.
Once the earnings are calculated, the foreign employer will be invoiced by the payroll company. Once the funds are received, the payroll company can conclude the contributions and pay the employee. This is a convenient solution for both parties, however, if the employer is unwilling to cover the extra commission costs for a payroll service provider, the employee must register as an ANobAG.
Conclusion
The Swiss ANobAG employment model provides a great way to expand your professional boundaries and live in two worlds at once. The ANobAG registration process may be daunting and confusing, but with the guidance of one of our experienced consultants, you can rest assured you’ll receive the best solution for your unique case.
FAQ
What does ANobAG stand for?
ANobAG is a German acronym for Arbeitnehmer ohne beitragspflichtigen Arbeitgeber, which means Employee without a Contributory Employer. An ANobAG is a Swiss resident who pays Swiss taxes and insurance while working for a foreign company.
What is ANobAG?
ANobAG is a Swiss employment scheme that enables Swiss residents to enroll in the Swiss social security system while performing remote work for a non-Swiss company located in a foreign country.
How do I register as an ANobAG?
To register as an ANobAG, Swiss residents must file with their local canton compensation office. The exact process varies between cantons and can be quite complex. Furthermore, a written agreement between the employer and employee should be established beforehand to determine the distribution of contribution liabilities.
A Swiss-resident employee working for a foreign entity has several employment configuration options to choose from. To best understand and navigate the system, hiring a consultant is highly recommended. That’s why we’re here to help ensure your registration process runs smoothly and all Swiss social security contributions are concluded.
What do I have to pay as an ANobAG?
Once an employee has registered as an ANobAG, they will be subject to a series of social security and insurance contributions. These contributions are sometimes referred to by their French name, ANOBAG cotisation. It’s important to note that ANobAG premiums are not constant, so staying updated on the current rates is essential.
Here are the current AHV premiums as of 2024:
- AHV/IV/EO (State pension, disability, compensation insurances) – 10.6% of salary
- ALV (Unemployment insurance) – 2.2% of income up to CHF 148,200 per year
- FAK (Family allowance fund) – this varies from around 0.8% to 2%
- Administration fee – There is a small administration fee collected, usually based on the total premiums
For more information regarding mandatory ANobAG premiums, contact us here to schedule your first consultation.
Contact us now, we’re happy to assist!