My accountant just called MOEA about using a Certificate of incorporation but without the need for legalization.
He said the MOEA officials have not heard about this.
He said MOEA said that my USA LLC will need legalization by the Taiwan office in the US.
Lee, do you have the telephone number of the right office in MOEA that I can call myself to ask about this?
Or if not, do you have the telephone number of the CPA desk so I can ask them who to call about this?
I canāt remember the details but Iām pretty sure thatās what the people at the CPA desk told me. I think this number gets you through to them: +88624121166 Just ask your question. If they donāt know, youāll be transferred to the person who does.
Why are you going through an accountant? Iāll beat whatever theyāre charging!
[quote=āLee Kohlā]I canāt remember the details but Iām pretty sure thatās what the people at the CPA desk told me. I think this number gets you through to them: +88624121166 Just ask your question. If they donāt know, youāll be transferred to the person who does.
Why are you going through an accountant? Iāll beat whatever theyāre charging![/quote]
Sorry for the late reply ā I did not check the box to get an email when there was a reply to my post.
I tried the number but unfortunately my Chinese is not good enough to figure out how to get a live person. I guess Iāll just go ahead with the legalization. Iām going to see if I can email a copy of the LLC doc to the Taiwan office in the US and then have them process itā¦
I did not realize going through you was an option! If I knew, I certainly would have considered it. You might want to update your initial post to say thatās an optionā¦
I have a few questions about Rep office in Taiwan. I am willing to have one in order to stay legally on territory. I already have a company in Europe and this office would just e there to have someone (me) stationed in Asia.
Can the adress of the Rep office be an apartment as I plan to work home office?
I really need to get the lightest (financially speaking) setup. What would I have to pay on regular basis? only income tax or any other?
I may need some help, is there any reliable and cheap accounting company that you would recommend me to be in touch with?
Does the mother company need a minimum age (In china, the head company needs to be at least 2 Years old for exemple).
Thereās no requirement related to āageā of the company.
Thereās no conversion available, you just have to reapply. Itās not hard though, the only hitch is that they will demand a new certificate of incorporation and company charter/articles of incorporation, even though they already have a copyā¦
As for llp, Iāve heard of it being done. The only way to know for sure of course is to ask the MOEA themselves!
[quote=āLee Kohlā]Thereās no requirement related to āageā of the company.
Thereās no conversion available, you just have to reapply. Itās not hard though, the only hitch is that they will demand a new certificate of incorporation and company charter/articles of incorporation, even though they already have a copyā¦
As for llp, Iāve heard of it being done. The only way to know for sure of course is to ask the MOEA themselves!
Heads up for anyone who is renewing their work permit or applying for a new work permit for a rep office thatās been around for more than one year.
Iāve had a rep office since the end of 2010 but recently had to do some hands-on work with a client so had them apply for a new work permit for me. When it came time to switch back to the rep office work permit, CLA asked for ā代č”Øäŗŗč¾¦äŗčåƦēø¾čęę件ā, which I guess is some kind of proof that the rep office has actually been active. I gave them paid invoices between my parent company and Taiwanese clients, but the application was rejected. The agent who handled my case didnāt really have a good explanation for what they are looking for (and was quite rude about it), so I reapplied with basically everything I have: contracts, invoices, rental agreement.
Thanks for the info! Sounds like the CLA can be pricklyā¦
Any further updates you can provide would be really appreciated.
One other question, why didnāt you apply for the other job as a part time position in addition to your job as Rep? As far as I know itās perfectly okay to have a full time job and a part time job on the same ARC, although whether this is allowed for Reps I really donāt know.
Thanks for the info! Sounds like the CLA can be pricklyā¦
Any further updates you can provide would be really appreciated.
One other question, why didnāt you apply for the other job as a part time position in addition to your job as Rep? As far as I know itās perfectly okay to have a full time job and a part time job on the same ARC, although whether this is allowed for Reps I really donāt know.
Anyway, best of luck!
Lee[/quote]
In hindsight, thatās the right way to do things. I was trying to save on taxes on the extra salary, which I now realize was not worth the trouble. Looks like theyāre going to want these docs on an extension as well, so everyoneās going to have to deal with it eventually.
[quote=āLee Kohlā]Thanks for letting me know about the links! Should be ok now.
The Power of Attorney must be signed by a company director or owner, and have the full name of the representative on it. Those two can be the same person.
Ideally it will be notarized in Taiwan by a Taiwanese notary, which means of course that the person signing has to be present in Taiwan for the notarization. Thatās why itās easiest if you are the company owner or one of the directors/officers/people with signing authority, whatever your country calls them.
A POA from overseas is fine too, but it will have to be legalized (I think) and translated into Chinese (for sure), possibly by a certified translator in the case that the original is not in English. So if you go through your friendās company, they will have to sign it in front of a notary wherever they are, then have it legalized by their local TECO, and sent here. Note that person will also have to sign your employment contract for the CLA, employment certificate for the NIA, etc., so honestly itās easier if you are your own boss.
Good luck![/quote]
Hey Guys,
LLC services commonly offer nominee shareholder, directors now - Canāt this make the notarizing process harder ? I guess your only option would be to use a POA in this case, and go through the bottom paragraph of the quoted below. Maybe itās better to not use the nominee option if you want to create a rep office.
Do you need to use a nominee director/shareholder for your foreign LLC (and get a PoA) or is it smarter to be the main director/shareholder when setting up a rep office in Taiwan.
What are the advantages/disadvantages of both.
Some related question off the top of my head:
Is the Notarizing process a headache with nomineesā¦
Are there any advantages to nominees.
Do you get more ācredā when the company is officially yours or when using nominees.
The major advantage, as has already been stated, is that by being a director or owner (or nominee? not familiar with that wording but Iām assuming you mean someone with signing authority in the company) you can handle instances where you need to sign stuff here in Taiwan. Like the PoA for example, or certificate of employment when you are at the NIA.
As for cred, you only get that by being legit. If youāre legit, youāll have no problems, or at least any problem will get sorted out easily.
Thanks, nominees are used for privacy reasons - , The service creating the company hires folks to be the director / shareholder for you (nominees), and gives you a poA, so your name isnāt in public records in the country of LLC. I guess the main advantage is privacy, although I think it doesnāt make sense to use this option in this case, especially since they charge extra for this. Thanks for the info.
I am from Florida and researching the differences between for and non for profit corporations. In FL it seems thereās a 150 yearly fee to renew the for profit option. So my question was would there be any reason not to use a not for profit for this process.
With that question hereās background on what I do.
I am a self trained software engineer, I make apps for the android platform.
With that said another question comes to mind.
I read the laws of the Republic of Taiwan, they say that taxes should be paid on income derived from within the republic of Taiwan. My apps are sold all over the world and not much of that income comes from Taiwan so I was wondering if that would cause me any trouble?
I have a local bank account and get my money deposited from one company but I also have other companies mail checks to me. They all have online accounting that shows sales etc so It wouldnāt be a problem to show where I make my income.
So I hope someone can offer me some advice on these two questions.
profit vs non profit for yearly corporation renewal services.
taxes for apps that are sold online and not in Taiwan.
Iām fairly sure the Taiwanese government would have you believe whatever activity lead to one physically present in Taiwan earning money constitutes taxable income. I know, for example, that Canada even considers all income worldwide as taxable in Canada for all Canadian citizens. Anyway, my point is, donāt expect much open mindedness from tax officials in this regard. Freelance work is still work and not covered under the official definition of a rep office.
As for non profit, very interesting question. My guess is it would be rather hard to convince MOEA officials why a non profit needs a rep office, but who knows, it might just be genius.
