Is a remote side job legal on an ARC?

[gelinn]

Hi I am interested in getting hired in Taiwan as a teacher but continuing my side job and wondering if it’s legal to do so.

I’d be working from home for my own company based in the US. All of my sales are also based in US along with my banking.

Thanks!

[the_bear]

No.

[Shaun008]

@the_bear

No.

Depending on what ARC/ work permit you get and the conditions attached.

Generally a teaching ARC/ work permit won’t allow it.

[gelinn]

Do you have info that I can read about the teaching ARC’s limitations as it pertains to extracurricular remote work?

[gelinn]

Do you have info that I can read about the teaching ARC’s limitations as it pertains to extracurricular remote work?

[the_bear]

You’re only allowed to do the job your work permit is issued for and some manuscript editing maybe. You definitely aren’t allowed to do other work regardless of whether the income is generated in another tax jurisdiction.

[gelinn]

I’m not sure that’s true, but that’s why I’m here seeking clarification. Based on this old thread it seems possible so long as you aren’t providing labor within Taiwan.

If I work remotely for a foreign company, do they need to deduct Taiwan taxes from my salary, or can I pay the tax on my own?

Do American companies withhold foreign income tax for their remote workers abroad, under tax treaties? You become responsible to the government here for tax on your worldwide income simply by spending X days here per calendar year. If your company doesn’t withhold anything, you still have a legal obligation to report the income and pay the tax yourself. If you can legally avoid paying some or all of the tax through the relevant tax treaty, great. But that doesn’t seem to be what people have be…

[foc]

This is a question that you should really discuss with a Taiwanese lawyer. I would hope you can find one who would willing to be discuss the probability of enforcement if it turns out they think it is not permitted.

The consequences of being found to have worked illegally are pretty catastrophic–hefty fine, ordered to leave country, entry ban for a period of time, and a permanent ban on working in Taiwan. Factor these consequences into your risk analysis.

You probably cannot use advice of counsel as a defense but again that is a question for a taiwanese lawyer.

I’m afraid I don’t know of one though.

[Shaun008]

@gelinn

I’m not sure that’s true, but that’s why I’m here seeking clarification. Based on this old thread it seems possible so long as you aren’t providing labor within Taiwan.

If you are in Taiwan the labour/ work you’re doing will also be in Taiwan, unless you leave the country to do the work then comeback to sleep.
Then I would still say it’s questionable.

Doing work outside of the ones permitted on your work permit can have serious consequences.
Look to see if other work permits/ ARC options fit your requirements,

[gelinn]

Specifically, I wouldnt be performing labor that a Taiwanese person could also do, which is what allegedly makes it okay.

[the_bear]

Plenty of wood carvers in Taiwan. Like, a lot.

[foc]

@gelinn

Specifically, I wouldnt be performing labor that a Taiwanese person could also do, which is what allegedly makes it okay.

I don’t think this theory has ever been tested in court. I wouldn’t want to be the first one and the cost would be so much more than paying a Taiwanese lawyer NT$5k to 10k to discuss the issue.

[gelinn]

Blockquote

the_bearintensive care bear

3m

Plenty of wood carvers in Taiwan. Like, a lot.

Blockquote

We may have similar job duties but they aren’t eligible to do my job since I am sole proprietor artist. Whether or not I am in Taiwan performing my job there is no affect on the Taiwanese labor market.

[Shaun008]

@gelinn

We may have similar job duties but they aren’t eligible to do my job since I am sole proprietor artist. Whether or not I am in Taiwan performing my job there is no affect on the Taiwanese labor market.

If you’re making sales then that’s a job that can be done by a local person.
If you’re taking commissions then you are preforming work in Taiwan.

Both ways you need a work permit that covers it, if it isn’t covered on your work permit it’s entirely up to you if you want to risk it.

[gelinn]

@Shaun008

@gelinn

We may have similar job duties but they aren’t eligible to do my job since I am sole proprietor artist. Whether or not I am in Taiwan performing my job there is no affect on the Taiwanese labor market.

If you’re making sales then that’s a job that can be done by a local person.
If you’re taking commissions then you are preforming work in Taiwan.

Both ways you need a work permit that covers it, if it isn’t covered on your work permit it’s entirely up to you if you want to risk it.

I dont think so. Neither the sales nor commissions are Taiwan-sourced. My presence in Taiwan would not affect the labor market as it doesn’t enable me to take potential income out of the hands of Taiwanese.

[Shaun008]

@gelinn

I dont think so. Neither the sales nor commissions are Taiwan-sourced. My presence in Taiwan would not affect the labor market as it doesn’t enable me to take potential income out of the hands of Taiwanese.

They take a very simple view, you are in Taiwan, therefore your working in Taiwan, is that work on your work permit.

@gelinn

Neither the sales nor commissions are Taiwan-sourced.

It don’t mater where they are, you are here.

[Satellite_TV]

Your employer contract may also state you cannot do work for another company. Up to you really…arc’s are issued to a single employer in Taiwan . If allowed a second job by employer in Taiwan then you can get a second work permit. As you are working in Taiwanfor yourself not possible to get a second work permit. Your work is being done in Taiwan not elsewhere does not matter you will export your product.

[gelinn]

The Ministry of Labor’s Labor Development Administration Letter No. 1070507378 dated November 27, 2017 states that as long as it does not affect the employment opportunities of nationals, it does not fall within the scope of Article 43 of this Law.
It lists the activities not within the scope of this Act and foreigners do not need to apply for a work permit.
It is divided into 5 categories: business activities, course internship or training activities, auxiliary service activities, general social activities and other activities that are not for the purpose of providing labor services to anyone in the country and do not hinder the employment opportunities of local people. The relevant categories are listed Appearance is the essential element for judgment.
If the behavior is not within the scope of the enumeration in the Ministry of Labor’s letter of explanation dated November 27, 2017, it should still be determined in accordance with the purpose of this law and the specific facts of the individual case.

[Satellite_TV]

So ask them about youself

[TaipeiGuy2000]

@the_bear

You’re only allowed to do the job your work permit is issued for and some manuscript editing maybe. You definitely aren’t allowed to do other work regardless of whether the income is generated in another tax jurisdiction.

If it does not qualify as income for Taiwan taxes and does not qualify as a job within Taiwan tax jurisdiction you may be fine.