Legal requirements for self-employment in Taiwan

I am a Taiwanese citizen about to move there for the first time after living my whole life abroad. I will be working online in Taiwan as a self-employed independent contractor for clients based in the US. My question is will I need to register a business or otherwise set up some kind of legal business entity there to be able to do that?

My second question is will I have any trouble opening a Taiwan bank account as a self-employed consultant without an employer or company or verifiable paystubs?

Thanks!

  1. yes, if you want to work legally, issue invoices, claim tax deductions and file taxes you will have to register a business here.
    people have done it without registering a business, but its illegal and if you get caught you should be able to bear the consequences.

  2. if you are a citizen it won’t be a problem to open a bank account. without a credit history or a deposit you won’t be able to get credit or loans, but other banking services are not a problem.

In what sense is this illegal, if the person has open work rights/citizenship? Is it that there’s an income limit above which someone needs to register a business, something like that?

Having the right to work does not negate the duty to pay taxes on income generated from your business.
it’s not unique to Taiwan, in most countries I’ve worked in you don’t just open a business and keep the money, the tax man gets his cut.
best is to consult with an accountant on what is the best way to open this business.

1 Like

Yes, sure, but I’m not referring to evading taxes here. For a self-employed person with overseas clients, what’s to stop them working as normal and filing taxes in May with everyone else, without opening a business? Are you saying that that’s illegal?

2 Likes

Fyi

Value-added and Non-value-added Business Tax Act

Article 3
The definition of sale of goods is the transfer of ownership of goods to others for a consideration.
The definition of sale of services is the supply of services to others or the provision of goods for the use of others for a consideration with the exception of professional services offered by practitioners and services rendered by individuals in employment.

Regulations Governing Taxation Registration

Business Registration Act

Article 5
The following small-sized businesses shall be exempted from registration in accordance with this Act:

  1. Vendors. (攤販)
  2. Family agriculture, forestry, fishery, animal husbandry businesses.
  3. Family handiwork businesses.
  4. Lodging businesses.
  5. Businesses who’s amount of sales per month does not reach the minimum taxable sales.
    The small-sized businesses referred to in item 2 and Item 3 of the preceding paragraph shall be limited to businesses operated by himself/herself or mainly operated by himself/herself although some employees are hired in such business.

https://www.cna.com.tw/postwrite/Detail/95174.aspx#.YBUH2JBLQ0M

財政部臺北市國稅局進一步說明,以營利為目的之網路拍賣業者如每個月銷售貨物之銷售額未達到新臺幣(以下同)8萬元者(銷售勞務者為4萬元),得暫免向國稅局辦理營業(稅籍)登記。每月網路交易之銷售額在8萬元以上(銷售勞務者為4萬元以上)、未達20萬元者(含新設立或尚未開業者),稽徵機關得核定免用統一發票,依網路交易明細資料(必要時請提供收款存摺影本等資料)查得之銷售額,按1%稅率計算營業稅額,按季(每年1月、4月、7月、10月底前)郵寄繳款書通知繳納。

財政部臺北市國稅局指出,營業人每月網路交易之銷售額達20萬元以上者,除符合統一發票使用辦法第4條規定者外,應於銷售貨物或勞務時開立統一發票,並以每兩個月為一期,於次期開始15日內,填具規定格式之申報書,檢附退抵稅款及其他有關文件,向登記所在地主管稽徵機關申報銷售額、應納或溢付營業稅額。如有應納營業稅額者,應先向公庫繳納後,檢同繳納收據一併申報。

https://www.ntbna.gov.tw/forum/forumResponseMain?svcId=6e4df9590a8346d2884ddc1e3c498f52&ewpt313UUID=14ae9b006e3000001b19104591ed1992

2 Likes

Thanks for those. What’s your take on this part?

Chapter 2 Scope of Reduction and Exemption
Article 7
The business tax rate is zero for sale of the following goods or services:

  1. Exported goods.
  2. Services relating to export or services provided in the R.O.C. but used in a foreign country.

Doesn’t that suggest that services provided exclusively overseas are exempt? (I don’t know how that relates to the other questions and the need to form a company, though.)

I have the same impression.

Iirc, @Marco is introducing a trustable CPA if you need.

1 Like

How much are you making per month?

You can register a business, it isn’t hard but as far as I know the tax office may send you a memo if you don’t but once you register they really don’t care. It only happens if there’s noise complaint or something.

If you make less than 100,000nt per month then you won’t need to make a fapiao. You’ll get a big yellow sticker saying you don’t need that…

Worst thing in Taiwan is you pay what the taxman thinks you owe. This isn’t America, and people evade taxes all the time. Even in America IRS don’t go jailing you for stuff, they just tell you how much they think you owe and you pay it, and that’s that.

Probably not applicable to OP but certain businesses, like food/drink/coffee shop will require fapiao no matter what and registration with the health department.

Otherwise for self employment the regulation is largely none. Only bad is that you don’t have laobao protection… as 99% of all government assistance in Taiwan is tied to laobao.

Ah I was afraid of that. Here in the US I can legally sell my services as a private individual without starting a company (and pay taxes as a private individual as “miscellaneous earned income”), so I’ve never had the experience of registering one.

How much I make will depend on how much work I get, but I usually make around US$6,000 a month. So are you saying there is an income limit that determines whether I’ll need to register as a business?

200000NTD / month, basically.

Ah perfect. So it looks like I’m in the clear. Thanks!

So if my business tax rate is zero (because I’ll be providing my services exclusively to foreign companies) what does that mean? I won’t need to pay any taxes at all? Or will I still need to pay income tax from the sale of my services as a private individual?

Didn’t you suggest to me in a post ages ago that the limit was NT$30,000 per month or NT$360,000 per year or thereabouts?

What am I thinking of/misremembering…? Any idea? :confused:

No idea - you’re asking the wrong person haha. There are experts in this thread, but I’m not one of them. :grin: I’m just in a similar situation as you, but don’t know the answer either.

1 Like

200000 NTD/ month is the amount you are required to issue uniform receipt.

40000 NTD/month for service is to register as a business.

30000 NTD, I have no idea.

2 Likes

I assume by citizen, you mean NWHR (as opposed to NWOHR). Just checking.

I will have permission to work while I’m there.

You will still need to pay US taxes. And you won’t get to claim foreign earned income amount on your tax filings.

It’s also probably better to set up a limited corporation to protect your personal assets from any business liability.