A matter of definition indeed, the supreme cpurt already stated in the 90s that domicile is not household registration, but where you can assume to find a person to have established domicile for a long term.
A half way fix would be at least to include APRCs and TARCs holder here, or the best way would be include by default all people allowed to stay more than 1 year
This may even be a case of discrimination based on nationality and residence status, since TW citizen are always assumed as resident unless proven otherwise, whereas legal foreign residents, with residence permit for more than 1 yr, are always assumed as not residents, even permanent ones, who clearly have domicile in the country.
It might be a case which can be referred to the human rights commission of the control yuan, since this is an infringement of equality of treatment of residents based on their nationality.
Will need to study more, but might be an approach worth exploring
I don’t like the first idea tbh, because you can guarantee that the half-way fix will just become the final fix, and the vast majority of Taiwan’s foreign residents will just be left with the current situation and told they’ll need to get an APRC to change it.
I just scored a partial victory this week regarding Cathay Securities.
They wanted me to drive 40 minutes to their office in Taichung during working hours to update my ARC. (I recently got my APRC and my ARC was due to expire)
Now after my complaint to the FSC regarding already providing it to their bank branch… they will send me a prepaid return letter for me to simply sign some papers along with the copy I already provided in my complaint email.
I just submitted the same matter to the NDC via the Gold Card Office. They aware of the issue since I raised it twice during the 2 latest Gold Card holders’ events, but I gave them all my findings which I shared in the complaint to the Human Rights Commission.
I haven’t complained directly to the National Taxation Bureau though… Hope this won’t affect the outcome.
I had one bank say that when I eventually change my ARC number, they will need to cancel that credit card and I need to reapply. That’s a fight in the future unless they have already ironed out that quirk.
I don’t understand a system that would ‘lock in’ an ID number permanently. They never heard of an edit button.
HSBC had to re-issue my two credit cards after the ID change. Standard Chartered had to re-issue my debit card. My local banks didn’t have to re-issue credit cards or debit cards.
When I migrated from APRC to Taiwan ID, I didn’t need to change Credt or Debit(ATM) cards as well. I only had Citibank’s Credit cards during that time and I kept using them until their expiration and was re-issued new cards automatically. My ATM cards were by Shanghai Bank, Citibank and CTBC bank which I also kept using after my ID change.
I never had that issue with mine -only had cathay costco credit card at the time. I suggest complaining to the FSC and explaining that Cathay for example was able to update it without such problem and without even seeing my new ARC number Yes! The data transferred through automatically (which pissed me off because it meant my automatic payment from my bank didn’t go through) - They updated the card automatically but the bank account required a visit to the bank…
FYI everyone, my complaint for human rights infringement against the National Taxation Bureau with the Human Rights Commission of the Control Yuan is progressing. they are investigating.
Latest one from Richart. Massive improvement. Tax jurisdiction code is ZZ (What it should be and not AU like the other banks)
Of course they still don’t list me as domiciled despite having PR, Full time job and PR. (That part is with the Taiwan tax office and their refusal to follow article 7)
But hopefully @Mataiou your submission to the human rights commission will see an end to that part.
A foreigner tax resident (staying >183 days) should receive the same withholding certificate as a taiwanese tax resident, any difference would be discrimination.
I looked at my Taiwanese friend’s tax certificate and here are some of the differences if you are a tax resident
Tax jurisdiction and 183 days checkbox are both empty - they are always assumed tax residents and can take full deduction
residency checkbox is always 有 regardless of days spent
TIN box is empty
Also was chatting with my landlord. She says I shouldn’t report my rental expense as deductions because foreigners don’t have to pay any taxes anyway. This type of thinking probably created such discrimination and needs to change.
yes, but need to has some sort of justification for this, and a permit to stay in the country for more than 1 year would technically and logically satisfy the test for tax residency under art. 7 of the income tax act, i.e. showing to have domicile in the country.
Domicile is not household registration, and the supreme court already ruled this back in the 90s, but shabby TW bureaucrat just can’t be asked and keep equating the 2, so PRs, who most definitely by any definition have domicile in the country as much as citizens (actually many citizen don’t even have domicile in the country), are still considered as not domiciled and asked to perform the second test for tax residency, i.e. showing the 183 residence in the country.
This confusing use of domicile, household registration, residence concepts is at the base of this discriminatory malpractice of just sheer negligence.
It depends on the visa. If you have PR or a visa greater than 1 year then you should not even have to meet the 183 day rule. You should be considered “domiciled”
I think it may be to do with your landlord registering their household registration at your address and thinking “Well… he can’t register anyway…”