The letter seems to also say that they look at the passport, decide you are a tax resident in that country, and they probably report as such to that country too even if you aren’t a tax resident there. Then they blame the tax office for this regulation
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The problem is that in Taiwan there is no pushback from industry. If this were to be happening in Australia for example you would have all of the banks complaining how ridiculous this is
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It makes me wonder who is the problem. Is the tax office really demanding the banks do this or is that their interpretation of the rules?
It is really both.
The tax office deems us as not domiciled in Taiwan… and the banks just do what the tax office says without question. The tax office also specifies for banks to put nationality on the CRS/withholding statements while the actual CRS rules (which are ratified into Taiwan law specify “tax residency”)
Industry doesn’t bother to push back or question it
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It’s easier for lazy industry and government to just put whatever on the form. It’s faster and they figure they won’t get blamed for sending more data then less
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Exactly… However theoretically you can sue. But us bringing a case against them is unlikely. Especially being that the tax office is writing the rule on their sites etc…
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I think more complaints from other foreigners would be good. You should start a movement to get lots of foreigners complaining to the FSC. If you could flood them with ten thousand emails a month maybe that would get their attention.
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ASIC would already have issued a directive that it is wrong to do so.
FSC can’t do much here, tax withholdings are outside its scope, complaints to the National Taxation bureau instead to get them to change their interpretation of the income tax act.
Besides, if someone reads the Nationality act, art. 3 says “外國人或無國籍人，現於中華民國領域內有住所…” So the MOI actually says that foreigners can have domicile in the country, otherwise how can they apply for naturalisation?
Whole the MOF-NTB say that only citizens with HHR can have domicile, and hence be deemed as tax residents as per the Income Tax act. A beautiful example of contradiction between government agencies, but in the case of tax bureau it is just a sloppy interpretation which can be changed easily, no legislative amendment is required.
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That would be nice, but I get the impression that most of the foreigners living here don’t give much of a toss (and often don’t realize there’s even a problem).
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they did for ubikes, priorities…
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So that would be the body to complain to, right? At least they have an online complaints procedure…though they didn’t answer my complaint, IIRC.
I assume that’s just in the Chinese version? The English version seems to use “residence” in Article 3, though it does use “domicile” elsewhere.
I wonder whether it would also be worth complaining to the NDC? I know (/guess) it’s not really their job, but they do seem to be the ones interested in attracting more foreigners here (e.g., with the gold card scheme).
A typical foreigner with residency in Taiwan saying. “This is Taiwan, they do it differently here.” or “Just put it under your wife/girlfriends name.” Or “I am a foreign resident”
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Yeah. IIRC, one of the things that fixed that was complaining to the Taipei City mayor?
No. Bloomberg even got in on the action because so many were outraged over not being able to ride a crappy shared bike…
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I’d say until comfy123 and Mataiou came along and gave them a kick up the arse no one else bothered. Anyway if everything was perfect too many people would lose their woe is me narrative. A lot of people like to complain on forums but actually do nothing to help themselves. There was this guy I knew in the 90’s, he was told by all these expert ( Ex Spirts… drips under pressure ) expats foreigners couldn’t get a drivers license mortgages credit cards car loans citizenship and told quite often by people that no one would ever accept him as a citizen here. Strange how only foreigners told him that.
He just got off his arse and got all those things. Didn’t take no for an answer, determined, dedicated to his own singular cause . Much like Fuzzy BBQ got things done. All those things they put in front of him to block his progress, he used as stepping stones, one step at a time. Mocked for being proud of his new found citizenship and ID card. Seems that mocking has subsided a bit but still get some posters even couple of weeks doing so. Bitter at failing to get dual citizenship. Funny how the some posters were telling me how worthless citizenship here is but they want to get it for themselves lol.
Another chap on forumosa Llary did the same in 2006 and told people how to get credit cards business loans mortgages citizenship. He got off his arse as well. Doing quite well with his manufacturing of vinyl records which now outsell CD’s.
I’m too old too settled and too jaded for anything except my own needs. I’m selfish that way I guess. Thanks to our two rampaging expats I too have used the FSC twice. I’d like some things to change. Like Cathay Bank its great I can see itemized spending on my phone app or website. Cannot for Fubon or China Trust. Which is bad.
Here might be my next complain about credit card companies not offering itemized accounts
Subject: Urgent Attention Needed: Absence of Itemized Online Statements in China Trust Bank’s System—A Risk to Fraud Detection
To: Financial Supervisory Commission (FSC), Taiwan,
I hope this letter finds you well. My name is [Your Name], and I am a customer of the China Trust Bank in Taiwan. Today, I write to you with a deep sense of concern, and indeed, a feeling of shock, regarding a critical omission in our banking system.
Despite the digital advancements of the 21st century, it’s startling to note that China Trust Bank does not provide itemized online statements—an essential feature present in virtually every other financial institution I have associated with. This feature is not merely a convenience; it is, in fact, a crucial tool for fraud detection, as it provides detailed, timely insights into all transactions made on an account.
Without this feature, the risk of unnoticed fraudulent activities on customer accounts is, alarmingly, substantially higher. As customers, we are essentially blindfolded, lacking the necessary visibility to monitor our accounts effectively. This lack of essential security measures leaves us highly vulnerable and uneasy.
I am horrified that in an age where cyber-crime is prevalent and digital security paramount, a prestigious institution such as China Trust Bank appears to have overlooked such a critical component of customer service and safety. It is perplexing and deeply concerning, suggesting a potential disregard for the fundamental rights and security of its customers.
I appreciate that the Financial Supervisory Commission exists to uphold high standards in the banking industry. Therefore, I implore you to look into this matter urgently. This feature is more than a tool for personal financial management—it is a line of defense against fraud, and I believe its absence compromises the safety of all China Trust Bank customers.
Thank you for your time and consideration. I am hopeful that with your intervention, China Trust Bank will implement necessary measures to prioritize this essential feature, reinforcing their commitment to customer safety and satisfaction.
Yours faithfully,
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in chinese it’s always that, and stupidly they use residence and domicile interchangeably in the English version, but the Chinese it’s the only legally valid one. So it’s 住所, and that is the minimum test according to Art . 7 of the income tax act: 本法稱中華民國境內居住之個人，指左列兩種: 在中華民國境內有住所，並經常居住中華民國境內者.
NDC can propose modifications or new legislation, but ultimately it’s the competent agency and the LY to decide. A lot of times they just give the “institutional finger”.
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No what?
The first time Taipei Mayor Ko Wen-je heard foreign residents were to be excluded from Taipei’s much-loved bike-rental scheme was in the middle of an interview Tuesday afternoon. He turned his wrath on one of his aides, telling them to call the transport department.
“Tell them to fix the problem tonight,” he ordered, while simultaneously texting the head of the department himself.
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Exactly. People already were writing to the mayor. But he was caught off guard when “BLOOMBERG” mentioned it to him!
Then he pretended that it was his first time finding out… Mate, the guy orchestrated it.
U know, I got called out as a “classist” because I don’t like riding bikes, I prefer walking or take public transport whenever I can instead of driving.
CLASSIST COZ I DON’T LIKE TO RIDE A BIKE.
priorities indeed.
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