How not to be a Taiwan tax resident while living in Taiwan

I went to the tax office today. I have a new client but I want that client to pay to one of my other nationality and names that have not been used in Taiwan.

So I ask, how can this identity pay tax on overseas income. Tax office staff are like, well has that passport and name ever been used to enter Taiwan?

No, I reply.

Well then if that identity has never been resident in Taiwan then can’t pay tax in Taiwan because you effectively don’t exist I am told. Just don’t declare as you are not using the same name .

Gotta love the Taiwan tax officials.

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Well that’s obviously not the right answer. Your other name and nationality are still you, and you’re still tax resident in Taiwan and it’s still your income.

Anyway, you’d just declare the income as normal overseas income. It’s not really any different from how I’d declare income from overseas clients and give copies of the invoices. My name and address are on the invoices, but nothing about nationality or my ARC number or passport details or anything. Those things aren’t really relevant to the question.

There are gaps in the system for sure because the tax office can’t really track overseas income, but there’s nothing to stop you paying the tax you’re supposed to if you consider that your duty as a Taiwanese citizen.

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What are you trying to do?

Obviously I don’t know, but I would assume the same human who earns money here is responsible for tax here, regardless of paperwork given as it still comes back to you. I would think passports are only useful for entry/exit and customs related scenarios. Working in house gets taxed in house unless you are claiming you are not a resident?

If you want your client to pay your oversees account, that is easy as pie.

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As a former certified accountant you sometimes have to go by the actual law and not just feelings.

Why do you think he went to the tax office? Because he wants to pay his taxes.

But they said no… so should he pay extra tax to what they ask?

We shouldn’t be assuming laws

Maybe there is a good reason (other than tax) that they can’t pay into that account

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So what you should do now is go on their website and use their form to ask and have them send you a written emailed reply. Keep this so if they ever do come after you, you can protect yourself.

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Absolutely. Hence the clarification on assumption and the questions for further clarification. Vague questions get vague answers. It’s a brainstorm, not a meeting with a lawyer :slight_smile:

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Are you suggesting he counts as two people because he has multiple nationalities and hasn’t used one of the names/passports in Taiwan? I doubt it. It’s his income, not somebody else’s.

Yeah, and the random tax office clerk isn’t immune to giving out wrong info. It wasn’t so long ago that some of them were saying income paid overseas falls under AMT not Taiwan-sourced income, and as you know the tax office/MOF as a whole are still interpreting residents as being non-residents.

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NIA already said if I enter on a foreign passport I can get a non resident Tax ID number even though I am a citizen. The number would not match my ID Card number of course. I would be seen as a foreigner with no residency or work rights subject to 90 day stay as a tourist.

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Maybe not in the UK but in Taiwan this seems to be the case. I know of some who are Taiwan nationals but choose to come on their foreign passports and get an arc (which is perfectly legal according to the NIA)

I also have a friend (dual American and Taiwan citizen) who used his American passport to claim the tourist vouchers at the at the airport.

They stamped him with same 90 days and told him he’d have to leave and come back on his Taiwan passport to have his working rights etc…

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Sounds like something you might want to get in writing.

And…

Stamped by the tax gods.

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Yes that is not the issue. Easily done.

I think you just confused them with your wording, or they are just naturally confused.

Your overseas identity would be the same/ similar to being paid into an overseas registered business. This then starts going into the nature of the work and the clients and your tax liability either in Taiwan or where its registered.

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Who said it would be paid into a business account and not a personal account?

I think this is really just a side effect of a chabuduoly designed system not set up to accommodate every edge case, rather than some kind of official policy to let dual nationals be considered tourists. This is just one of those situations where the oversight had a positive effect for the recipient rather than a negative one.

Come to think of it, one of my clients pays me into a Chinese bank account registered for using a long-replaced passport not linked to my APRC number in Taiwan. That must be tax-free too. :whistle:

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Is that passport under a different nationality with a different name?

The account type don’t matter, just saying its the same liability.

They have already said. Under a different name and nationality they view it as a different person

Well regardless of oversight or system not being set up for it or what… That’s just how the law works

Many times in tax or other things we take advantage of these things when there has been an oversight in written law

You mentioned going by the actual law and not feelings above, and I don’t think there’s any reason to assume that a different nationality and name are the criteria for one natural person splitting into two individuals for tax purposes?

Maybe the criteria could be a different passport number and expiry date. That’s an old me, not the current me.