Self-employment requirements

Hi all,

Rather than advertise my business here, I'll try to casually describe my situation.  My problem comes down to one issue:  self-employment requirements for English teachers.

Some starter info:  I'm 29, from London, been here while; got an accountant and she set me up to be self-employed as KATA - that's 50K/month, 48K tax free, and 16% on the rest up to about 6 million/year.  I am currently 'paused' since I am between ideas and not making money yet (living on reserves).

Started my business idea but recently been informed that, as with all language-based companies/schools/centres, there are now very strict rules.  Fine.  I am happy to immediately change the business plan/structure to be me, inviting students to my home and that's that, but I understand a teacher must hold an official qualification? I have a TEFL from 10 years ago but I have 9 years experience teaching English and following a free trial recently, I had 100% feedback on my idea.

I'd simply like to know:  when I was set up to be KATA, it was not necessary to provide 'proof' of a qualification so I'm thinking this is one those situations which looks serious on paper, but 100% of people can never say they have been inspected so it almost doesn't matter?

I have no intention to break laws, I wish to settle in Hungary for good, but if I can operate with a few students/evening and average 250-300K (with good, targeted advertising), in the knowledge that I don't have an official qualification (and did not need to provide one), I don't see how I am doing anything wrong?  If I just pay my monthly tax, pay my health care (have the card, have resident's card for BP), they will just leave me alone... right?

Thanks in advance... this is incredibly important to me to know for sure since I must immediately modify my business model and advertising, as well my promotional materials if yes!

Cheers,
LF.

lisztferenc wrote:

If I just pay my monthly tax, pay my health care (have the card, have resident's card for BP), they will just leave me alone... right?


Right.

Until they change the law. Which, of course, happens in Hungary about every other day.

Having a good accountant is the key. They are suppose to keep current with the legal tax and business issues and stand by you if you are audited. If you have a good accountant, then let them worry about it. Just keep yourself informed and in touch with your accountant to make sure you are in current compliance.

(But if you have a lousy accountant, then you may need to worry).

Hello there,
Thank you for your response, which I found comforting.  May I courteously ask if you are knowledgeable at all on such matters so that I may take your response with a little more oomph?

If it is as simple as: it doesn't matter really about this official professional qualification, they won't come knocking if you pay taxes on time and show you make money, then I will immediately modify my business model.

I wait for the response of my accountant still and will report back.
Thanks for your comment.
LF.

In Hungary I have dealt mostly with KFTs. But if you informed your accountant of your status (your degrees and or certificate) and your accountant was transparent with the tax office and or business court when setting up your sole proprietor/single member company (i.e. KATA) regarding same (i.e. your accountant was competent), and if the tax office and or court approved your business formation given the available paperwork and your current degrees and certificates, then I would (personally) say you can probably sleep easy at night (until the government changes the law).

The key issue is getting everything you can in writing and officially stamped -- often difficult in Hungary**.

So if you pay your taxes and can present an officially stamped document on an issue of inquiry in Hungary, you may find any questions/issues almost always vanish (unless they change the law -- such as the current land ownership spat Hungary is currently having with the EU -- but those things you can not predict or control).

** I am still "in process" with one specific topic for over 4 years, but I hope to finally have the final approval and official stamped documents from three different government offices this month.... Welcome to Hungary.

Hi,
Thank you for your comment; it's helped.  I've progressed further and discussed with others and I have modified my business model entirely.  Now I am merely a private English teacher, rather than doing what I was doing which made me fall into the 'language school' bracket - herein lied the problem.

Thanks once again!
LF

Hi LF,
This is a very complex topic and very little depends on accountant. Hungary voted last June a new adult education law in force since September and having practical rules annexed in nov-dec 2013. According to the new laws pretty much everone is "illegal" (companies and individuals with KATA) if they haven't got accreditation and all kind of administrative things. As language school it is difficult/risky to higher foreigners even if they have 5years MA for teaching. The law is not about the taxes and no communication was done btw Ministry of Economy, Tax Office and probably either Min. of Education. Companies working in the area can't get a written statement from Ministery about who does this refer too, so I doubt that an accountant who is uptodate in best case with tax laws will be able to clarify.
As many companies, language schools do courses from European or state funds they have strict criteria regarding the teachers education as well. But the key is to find people, companies, language schools who want you. 250-300k per month? Nasty business, however I think you have very high target knowing the Budapest market:( Good luck!

MonikaH wrote:

According to the new laws pretty much everone is "illegal" (companies and individuals with KATA) if they haven't got accreditation and all kind of administrative things.


A law that appears mainly to push two things:

1) Perpetuate and force payment to the essentially useless state sponsored diploma mills. This generates revenue for the state.

2) Pretend to the world Hungary has a small business friendly environment (it doesn't) with the KATA construct, then make it difficult to actually have such a small business (TPTB appear to want everyone to have the more expensive BT or KFT).

But also see what I wrote above: the laws here change all the time. The was also a Ministry level "decree" recently that all businesses would have to get a special data card with a chip that contained all their business information (permits, accreditation, etc.). Upon further inquiry, found out the decree was suddenly rescinded (at least for now). Uncertainty is a business killer. Yet the government appears to not understand or care about that.

MonikaH wrote:

Companies working in the area can't get a written statement from Ministery about who does this refer too, so I doubt that an accountant who is uptodate in best case with tax laws will be able to clarify.


Indeed a problem for existing businesses. The suspected reason for being obtuse and unclear may be to try to get everyone to spend money on adult "education" and a certificate they may not even need. Another reason may be that the Ministry simply does not understand the law either -- an option I would not exclude. Or, in one personal case when I wrote the Ministry, they said they could give me a "definite" answer if I paid them their costs to research my question....

But with a new business: Any business needs administrative approval. Which is why I said above, if you are starting a new business, and provide all the requested documentation for your declared business area, and are approved by the state agency that is responsible for this approval, and you have said approval all on paper, stamped and signed, I, personally, would not worry about it after that point. If the government wants to later complain about same business, I would point to all the approval paperwork of same government. If they still have a problem, then I (personally again -- not giving advice here per se) counter sue the government and make public this issue about them having an incompetent and obtuse law (6 years later after going through the slow and bizarre Hungarian court system, I might win my case).