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EOR vs setting up an entity: a decision framework

A structured way to decide whether to hire through an Employer of Record or incorporate, based on headcount, duration, risk and speed.

Last verified 14 Aug 2026Reviewed 14 Aug 2026Methodology

Start with duration, not headcount

If you do not know whether you will still be in the country in two years, use an EOR. Incorporation is a multi-year commitment with fixed annual costs that do not scale down.

Headcount matters second. One or two people almost never justifies an entity. Ten people in a high-salary market often does.

The five inputs

Duration of commitment. Headcount in that specific country. Salary level, because percentage-based fees and fixed entity costs cross over at different points. IP sensitivity. Speed of hire.

IP sensitivity deserves a note. Assignment through an EOR is normally effective, but it adds a contractual link, and some acquirers ask about it in diligence.

Running the comparison

Entity cost is incorporation, local director or registered agent, accounting, audit where required, payroll software, and the internal time to run it. A realistic floor is 15,000 to 40,000 USD per year before salaries.

EOR cost is fee, FX and deposit on top of salary and contributions. Compare over three years, not one.

The cases that are not close

Testing a market, hiring a single senior person, or hiring while a corporate transaction is pending all point to an EOR.

A country that is already your second largest engineering site points to an entity.

Use the tool

The decision tool asks six questions and returns a recommendation with reasoning. It is a starting point for a conversation with your tax adviser, not a substitute for one.

Questions

At what headcount should I open an entity?
There is no universal number. Between five and fifteen employees in one country is the usual range where entity costs start to look competitive, depending on salary levels.
Can I move employees from an EOR to my own entity later?
Yes. Tenure and terms normally transfer, and in several jurisdictions the transfer is legally protected. Check the exit clause in the service agreement before you sign it.

Related countries

Related providers

Sources

Updated 14 Aug 2026, reviewed 14 Aug 2026.