I have just wrapped up my tenure with a reputable school and I’m looking for a little advice. When I signed the 1 year contract, we had agreed upon an out clause after the first two months. The reason for that is that they desperately needed a teacher to substitute for up to two months. After the regular teacher returned it would be my decision on whether I wanted to stay with the company for the duration of the year in a different position or end the employment without penalty. The work permit was immediately applied for after signing the contract, however, I also began to work immediately. I have since found out that this was illegal. Anyway, my question is, should I demand they give me the 20 percent that I expect they will deduct from my next paycheck for tax as they did from my previous one? Even though the ball was rolling for my work permit and ARC, I was not there long enough to recieve it and the application process has been stopped. I don’t expect that they will report my employment for tax puposes because of its illegality, (is that a word?) so the 20 percent in question would inevitably end up in their pocket right? I want it in my pocket as it’s about $12,000nt that I could really use. Thanks for your time.
“a reputable school”
You’ve been ripped off. Ask for your money back. Arm yourself with knowledge; Read up on the law (search Forumosa and have a look at http://www.buxiban.com
I disagree. The tax department is interested only in tax. They do not concern themselves with illegal workers. Seeing as you started in the first part of the year, however, 20% is too much. You should be somewhere around 12%, IIRC.
Maoman wrote [quote]I disagree. The tax department is interested only in tax. They do not concern themselves with illegal workers. Seeing as you started in the first part of the year, however, 20% is too much. You should be somewhere around 12%, IIRC.[/quote]
As I see it, she was working illegally so she shouldn’t have paid any tax during that period.
The tax office don’t care if it was black white or gold money, it’s money and they want their cut.
Regardless of what the tax office cares about, the boss was probably pocketing it. So demand either a tax withholding slip (which will prove what he was paying on your behalf) or tell him to give that money back.
Good luck though. You’ll probably need it. It’ll be like getting blood from a stone.
They shouldn’t have been withholding tax by logical rules, but they may have by employment practices – i.e., you’re working so they paid the tax. Assuming they PAID it and didn’t just pocket it (are you listening, my ex-boss??) Remember though that there doesn’t seem to be any linking – computer, logical or otherwise – between Immigration, Tax and anyone else.
Definitely just ask them politely and oh-so-firmly for a “koujiao pindan”, the tax form that states how much was withheld on your behalf. There’s no evil reason for asking for it – they should provide it at the end of the tax year anyway so that you can get your tax refund/file your taxes. If they will not supply one, then you have the problem – if you were illegal, it puts you at risk to demand that the Tax Office go after them for not giving you one (better to be inassailably legal when you sic anyone on a company). The suggestion that you would mention this work at the Tax Office anyway and identify their company may or may not motivate them to come up with something for you (or at least make a deal) but AFAIK although there are substantial penalties on companies that withhold incorrectly or not at all, the application of said penalties is irregular or sporadic at best.
If it was 20% of not too much money, honestly the most prudent path might be to just chalk it up to learning. If you are set to leave Taiwan, or don’t care about possible trouble for some other reason, then you can have at them, but keep in mind that unless they capitulate at once, it could be a long and rather annoying process. (Been there, had to do that. Always wanted to play the recording of my ex-boss saying, “Yes, yes, we are withholding taxes for you each month and sending them in,” to the Tax Folks. Oh, and speaking of my ex-boss, watch out for the “Here’s your tax form” trick – when the amount of withholding is neatly filled in as “zero”. That way YOU have to cough up the cash for the taxes when you file – even though the company has already skinned you for it once.)