Is this legal?

Hi All,
I just received my withholding tax statement from my Company and my gross income only sums up from July to Dec 2009 whereas i started working in my Company from Jan. 2009. Likewise my net withholding tax covered only the last six months (6% of my salary).My concern is how about the first six months which i was deducted 20% of my salary? Will i still be able to get tax refund?Pls. advise if the last 6 months gross as seen in my withholding tax will work to my advantage or not.Thanks.
By the way the period of income wrtten in my tax statement is from Jan.2009 to Dec. 2009.
/dwynixx

Usually, I depends on when your ARC was issued. You can’t legally work until this is issued so often companies pays you under the table for the first few months until you get your ARC.
Thus you start work in January, ARC issued in March so only March to December will show up on your withholding tax statement.

But, you could just ask you company :ponder:

[quote=“deceasedtrainspotter”]Usually, I depends on when your ARC was issued. You can’t legally work until this is issued so often companies pays you under the table for the first few months until you get your ARC.
Thus you start work in January, ARC issued in March so only March to December will show up on your withholding tax statement.

But, you could just ask you company :ponder:[/quote]

Thanks, actually I’ve been working here for 9 years now, i just moved to another company last Jan 14, 2009 , The same time i have my new ARC.

I have the suspicion that you are screwed and had better get this sorted out. I’m guessing it will either have been an oversight or you have been cheated on your taxes which is/was common.

Thanks for your feedback,
I did some calculation based on two options(the numbers are just approximate), Could somebody help me on option 2 which is my current situation now.Would it work on my advantage?

Option 1:(gross income covers the whole year)
From January to December 2009
Gross Income 600,000NT
netwitholding tax (9000X6 =54,000NT) First 6 months at 20%
(3000X6 =18,000NT) remaining 6 months at 6%
total=72,000NT

exemption( wife and two kids as my dependents) =308,000NT
deduction( wife and two kids as my dependents) =246,000NT

Net Taxable income(AE)=600,000NT -308,000NT -246,000NT=46,000NT

46,000NT X 0.06 =2760NT

Tax payable 2760NT -72,000NT

Refund i will get is 69,240NT

Option 2:(my current situation):Gross income declared in my tax statement only covers the last 6 months
From July to December 2009
Gross income 300,000NT
netwithholding tax=(3000X6=18,000NT) last 6 months

exemption( wife and two kids as my dependents) =308,000NT
deduction( wife and two kids as my dependents) =246,000NT
Net Taxable Income(AE) =300,000NT -308,000NT-246,000NT=-254000NT

Can somebody help me how to calculate my payable tax or tax refund for option2? Which is better option(1 or 2)?

Thanks,
dwynixx

I don’t get the part where the school seems to have cheated you out of 20% of your pay for 6 months. :eh:

if you did not have an ARC work permit for the first few months, then no tax was payable (you weren’t legally earning anything). Your company has pocketed this at 20%. demand it back with the threat that you will expose them to the tax office. keep any paperwork. you DO have paperwork, don’t you?

if you did have an ARC, but no tax was actually paid even though the company pretended to you that it was (you’d have a tax statement if that was so), then the company simply deducted it at 20% and pocketed it. PLUS there’s a double whammy if the remaining part of the year when tax was paid and declared may not quite have made it to the 183 day limit.

if you worked less than 183 days in the year (half a year rounded up) then you MUST pay minimum 20% on all earnings. To be taxed at the reduced rate, you must have worked more than 183 days AND been resident for more than 183 days (not necessarily consecutive days).

sounds like you’ve been screwed.

[quote=“urodacus”]if you did not have an ARC work permit for the first few months, then no tax was payable (you weren’t legally earning anything). Your company has pocketed this at 20%. demand it back with the threat that you will expose them to the tax office. keep any paperwork. you DO have paperwork, don’t you?

if you worked less than 183 days in the year (half a year rounded up) then you MUST pay minimum 20% on all earnings. To be taxed at the reduced rate, you must have worked more than 183 days AND been resident for more than 183 days (not necessarily consecutive days).[/quote]

thanks for the input, actually , i have already my ARC approved at the beginning of January last year, ( i just moved from another company).So i worked for this company from January 2009 to present, i just wonder why my gross income from my tax statement only sums up the remaining six months last year.By the way, i worked as an Engineer not a teacher but i guess we follow the same tax rule.Thanks again

ok, i just emailed our HR and they provided me all my tax account statement
from January to December 2009, i dont know the agenda on why they only provide the last 6 months of my tax statement account the first time.Anyway, thanks for all your input.
cheers,
dwynixx