Freelance Work with Existing Employment ARC

Hi all!

I currently have an employment ARC (working full-time in a Taiwanese company). On the side I tend to do a bit of translation work for another Taiwan-based firm (as an independent contractor) once a month. The freelance work doesn’t pay that much, around 300-500 NTD per translation/proofreading (I’ve received about 1,400 NTD so far). Does anyone know if this is okay to do with my current ARC or have a similar experience?

Thanks in advance! :smiley:

If you don’t have a work permit for it or don’t have open work privileges/rights, it’s illegal.

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Hi @Marco, thanks for the heads up!

Is there any bureau that you would recommend me to call to inquire about what my next steps should be, or any recommendations/advice? I’ve received about 1,400 NTD in total for it, it’s not much but I’m quite worried :confused:

Nope. You keep quiet and don’t do it anymore. When do you get your APRC?

Pray that it has not been sent to tax authorities and you only got cash.

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Yeah unfortunately it was a bank transfer, so not sure about the tax authority thing :sweat_smile:

I get my APRC in 3 more years.

Just keep quiet, or if you want, you can open a business and get a work permit that way.

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You could look into the Artistic Freelancing permit.

Considering the relatively special way in which those in the arts field undertake work, mostly accepting jobs individually rather than being hired by a single employer, and with a view to enhancing Taiwan’s environment for employment in the field of culture and the arts, so as to make Taiwan a more attractive place for artistic workers to come and ply their talents, Article 10 of the Foreign Professionals Act stipulates that “A foreign professional who works as an artist may, without applying through an employer, apply direct to the Ministry of Labor for a permit to engage in artistic work in the State.”
https://foreigntalentact.ndc.gov.tw/en/Content_List.aspx?n=BCC6709448438AE7

Based on the Regulations on the Work Permit and Administration of the Foreign Professionals Engaging in Arts and Performing Arts Article 3, Point 2 lists “translating”

Artistic work prescribed in Paragraph 1 of Article 10 of the Act shall be defined as that meeting one of the following criteria:

  1. Performing arts and Visual arts: means engaging in creating, researching, investigating, producing, performing, promoting, teaching or sharing (such as workshop and lecture), panel judging or competing in the field of music (pop music not included), dance, arts, drama, environmental arts, and photography.
  2. Publishing: means engaging in cultural arts in graphic and text creation, commenting, literary agency, editing, translating, curating, or researching in the field of newspaper, magazine, and book publication.
  3. Movie, Broadcasting Television, and Pop Music: means engaging in cultural arts in creating, producing, performing, promoting, teaching or sharing (such as workshops and lectures), panel judging, agency, managing or technology in the fields of film, broadcasting, television, and pop music.
  4. Crafts: means engaging in creating or teaching in leather, ceramic, stone, glass, fiber (dying, weaving or knitting), wood, bamboo, paper, metal, paint or mixed media.
  5. Other artistic work certified by the Ministry of Culture.
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Was it to a Taiwan bank account? Was it from abroad? I’d suggest opening a wise.com account and keeping the money parked in there for a while and transfer it over as “savings” so it looks like it’s savings from a personal account to the Taiwanese authorities… (But I don’t know the legality of it and would NEVER suggest doing anything illegal…) - So be sure that you are not doing anything illegal…

Yes it was to a Taiwanese bank account. I overlooked the legality of it until today :sweat_smile:

It’s not legal.

In fact, as I recently learned, a business needs to pay 20% tax for foreign contractors.

Just keep quiet. If it was anything, it was that you sold something second hand to them.

…except for the gaofei exemption.

Hi @yyy, doesn’t gaofei exemptions require the company that I freelance for report my earning as such?

The tax office will have no issue. That’s what the gaofei exemption is there for. It may technically not be legal but I’ve been dealing with the tax office for thirty years and they really don’t have an issue.

Hang on. If they aren’t reporting the income why are you even asking us this question? It’s a nonsensical question. It didn’t happen.

I’m not sure if they are reporting my income or not, I’d just like to know the workaround if they do report it

Have you given them your ARC card?

Only the ID number

Yea. That’s the bad part.

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I don’t recall a requirement for either party to report it when it’s within the exemption limit. I do remember asking the nice lady at the tax office once regarding my personal tax return and being told not to bother.

This other thread may be of interest: