If an employer lies to the tax office about the amount you have earned and, more impactfully for me, the amount of money they withheld from your pay (which means I have missed out on tens of thousands of NT in tax rebate), should I just report them to the tax office, or can I also report this to the police (on the basis that they have effectively stolen money from me)?
Go to the tax office and also tell the tax office you have made a report to the police. ( Make sure that even if the police tell you it is not their responsiblity and tell you to go to the tax office" that the cops take down and put your report on record), then tell the tax office that you have already been to the police and give them the case number and name of the police officer. If it is a cram school that is withholding the money please also report it to the Department of Education. Make sure to get all the names of the people you talk with.
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How about you ask them to pay you the missing amount before you go asking for help?
Thank you very much for your advice.
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Wish it were as easy as that. I have already taken out legal action for other issues with this employer. I believe they kept the tax as punishment for this. Unfortunately, I can’t add this issue to my case because it happened after it began.
I believe companies have to pay 4x the owe amount as a fine. Plus if they do that, there are likely other skeletons…. So 50k not paid in taxes turns into 200k plus an audit, seems like a fairly nice farewell to them. Make sure you don’t become unemployed and without a visa before you do anything, if that’s relevant.
They’re not “stealing” from you in the criminal sense, but you can argue that they’re violating Art. 214 and 215 of the Criminal Code (false entries in documents). Good luck. 
In fact, they underreported my ratings by several hundred thousand. The 50-60k is just what I’m missing in rebate (I was wondering if this counted as theft because that’s money they have taken from me and kept for themselves).
This is good to know, thank you.
So you don’t think them keeping my money would count as theft?
In general, this type of problem is civil or administrative, not criminal. If you check the definitions of robbery, fraud, etc. in the Criminal Code, they appear to be inapplicable.
(As always, this is not legal advice.)
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Ah I see. I tried to look up relevant laws before posting but couldn’t seem to get anywhere (the websites are quite difficult to navigate). Upon your advice, I checked out this page: https://law.moj.gov.tw/Eng/LawClass/LawAll.aspx?PCode=C0010001. However, I can’t find the definitions in there. I don’t suppose you know where I can find the relevant legislation/definitions?
Chapter 31 or 32 of criminal code cannot be applied?
Or articles 325, 339-1, 339-3, or 342?
It might be worth thinking what the end goal is. Is it personal, meaning do you want your money? A carefully played out threat without giving them anything to keep could scare them into paying…but probably not, at least in full.
Or go legal and causr them a shit load of hassle. Still might not get paud kn full, but beleive they will learn some lessons. Wont be making friends though.
I doubt you would get anywhere with that. Proving your salary and withholding tax were incorrectly calculated should be easy: you just need to show that (1) you did the work, and (2) the numbers don’t add up. You don’t need to prove your boss is a horrible person; a horrible boss and an incompetent boss are equally liable.
Proving intent to commit embezzlement would be more complicated. As for “abrupt taking” and so on, I don’t think this qualifies.
In Taiwan, don’t you as employee need to file a tax return as well and don’t you need to write your income on it ? What happens when it doesn’t match with what the employer filed ?
Well, I would ideally like the money I am owed back. But if not, at least justice to be served.
However, this person will not respond to threats. And all bridges have been long burned unfortunately.
I did show the tax office my pay slips & banks statements as soon as I discovered this when filing my taxes in May. Spent a lot of time visiting different tax offices to try to correct it and report the real figures. I thought that it was all sorted. Then when I got my rebate back, it was only for the much much lower amount that was based on the inaccurate figures the employer gave.
As mentioned, I have strong reason to believe this was fully intentional, not a result of incompetence (filing the correct taxes was never an issue for the company in previous years working for them, only this year when we have had a legal dispute).