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Tax refund procedures
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normalcyispasse



Joined: 27 Oct 2006
Location: Yeosu until the end of February WOOOOOOOO

PostPosted: Thu Dec 27, 2007 5:47 pm    Post subject: Reply with quote

restless wrote:
Hmm -- I wonder if a private elementary school would qualify. It's a government-recognized 초등학교 but it's still private.


Weird, are you me? I thought I wrote that post when I read it.

Same situation, anyhow, and it looks like we qualify.
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soju pizza



Joined: 21 Feb 2007

PostPosted: Fri Dec 28, 2007 4:22 am    Post subject: Reply with quote

MODS! Make this a sticky!
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georgewallas



Joined: 26 Nov 2007

PostPosted: Sun Jan 06, 2008 7:09 am    Post subject: Filling for my own refund Reply with quote

Silly me, there I am givving advice to a newbie [or lazy reg] and I forgot to check this sticky...
However, there seems to be an unanswered question.

My current director, Lee Sei Woo of J.S. Academy in Cheonan is an untrustworthy person. In the next few days, I will be filling a complaint in all 3 offices for non payment of pension, OT, and now the taxes, which according the tax site, he was supposed to have filed some time last week.

If I go to the office tommorow, will I be allowed to file my own taxes? and how do I get the money refunded directly to me?

I am leaving the country in 2 weeks.
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sjk1128



Joined: 04 Feb 2005

PostPosted: Sun Jan 06, 2008 1:20 pm    Post subject: Reply with quote

As I understand it, if you file for yourself, it is done in May. From what I remember reading on the NTS website and in the Easy Guide, you would only likely do that if you have some other income in Korea: legal part-time or private work for example. However, it is still the employer's responsibility to do the settlement.

You have the option of complaining with the tax office. To do that, write a short letter explaining exactly what happened and include a print-out of your own calculation using the NTS website calculator. It will have to be translated into Korean. In my case last year it took several weeks before the tax office wrote a letter ordering my school to complete my year end tax settlement and pay me. It sounds like you may not have that much time. You could leave the bank account open where you are normally paid and then try to handle it by phone from abroad, but if your employer knows you have left Korea, he will try to use that to his advantage. Also, it is very early to complain about this year's taxes. Your employer is supposed to settle up in your first paycheck of 2008. The tax office may not take your complaint seriously until some more time has passed (unless your employer hasn't sent in any tax money). You probably already know this, but you could try using your intention to file the 3 complaints as leverage to convince your employer to pay you. What he/she gets for paying you your money now quietly is to avoid the scandle and hassle of dealing with them.

Also, at the end of my first year in Korea, I filed a complaint with the labor board. My case was really clear and well documented. It took about 3 months for me to get my money through that process. My employer waited until the deadline given by the labor board to pay me - after which court proceedings would have initiated.

Good luck.
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dannylelievre



Joined: 11 Nov 2006

PostPosted: Mon Jan 07, 2008 3:42 am    Post subject: Reply with quote

i only pay 16,000 won a month for income tax, and i am still due 75,000 won. Strange as last year I paid in about 50,000 a month in tax and made a lot less per month.
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georgewallas



Joined: 26 Nov 2007

PostPosted: Fri Jan 11, 2008 5:30 am    Post subject: Reply with quote

dannylelievre wrote:
i only pay 16,000 won a month for income tax, and i am still due 75,000 won. Strange as last year I paid in about 50,000 a month in tax and made a lot less per month.


Back of an envelope, assume you earn 2.0 a month. Of your gross, 24M a year, 30% [7.2] come off 'cause you're a foreigner, another 5m and 50% of the rest because you're an employee [10.9], after standard deductions such as pension, NHIC, you end up with 4.27M of taxable income . Which is 350k. Btw, for reasons not entirely clear to me, my tax liability as I calculated it, was 100k, but the NTS spat out zero...

I would check with the tax office regards last year, and consider filling a omplaint to get the money back.

As far as this year, as I said, it's a back of the envelope. Go to the NTS website for more accurate numbers.


Last edited by georgewallas on Fri Jan 11, 2008 6:29 am; edited 1 time in total
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georgewallas



Joined: 26 Nov 2007

PostPosted: Fri Jan 11, 2008 6:28 am    Post subject: Reply with quote

sjk1128 wrote:
As I understand it, if you file for yourself, it is done in May. From what I remember reading on the NTS website and in the Easy Guide, you would only likely do that if you have some other income in Korea: legal part-time or private work for example. However, it is still the employer's responsibility to do the settlement.

You have the option of complaining with the tax office. To do that, write a short letter explaining exactly what happened and include a print-out of your own calculation using the NTS website calculator. It will have to be translated into Korean. In my case last year it took several weeks before the tax office wrote a letter ordering my school to complete my year end tax settlement and pay me. It sounds like you may not have that much time. You could leave the bank account open where you are normally paid and then try to handle it by phone from abroad, but if your employer knows you have left Korea, he will try to use that to his advantage. Also, it is very early to complain about this year's taxes. Your employer is supposed to settle up in your first paycheck of 2008. The tax office may not take your complaint seriously until some more time has passed (unless your employer hasn't sent in any tax money). You probably already know this, but you could try using your intention to file the 3 complaints as leverage to convince your employer to pay you. What he/she gets for paying you your money now quietly is to avoid the scandle and hassle of dealing with them.

Also, at the end of my first year in Korea, I filed a complaint with the labor board. My case was really clear and well documented. It took about 3 months for me to get my money through that process. My employer waited until the deadline given by the labor board to pay me - after which court proceedings would have initiated.

Good luck.


This is the part where I keep getting stuck; I did the calculations on the web site, and I am supposed to be paid ALL of my tax witholding monies [I am married, and... and...].

When does the owner pay the taxes? When do I get a "Year End ...". If it comes out that he owes me money back, do I get it from the tax office, or from him?

What's the Certificate that's been mentioned previously?

I tried calling the tax office help line, and they are frankly, dreadfull.
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sjk1128



Joined: 04 Feb 2005

PostPosted: Sat Jan 12, 2008 11:45 am    Post subject: Reply with quote

Your employer is supposed to complete your year end tax settlement and pay you your refund with your first (Jan) paycheck of 2008. Any problems you have with the settlement or the refund should be taken up with your employer, not the tax office. (It says so in the guide.) The tax office should only be involved if you suspect wrong-doing. My point was that it will be very difficult to get the tax office to take your compaint seriously until at least Feb.

You have the right to a copy of your year end tax settlement. If your employer doesn't give you one or doesn't pay you back all the money you should get within a reasonable time frame for the first paycheck of 2008, then you can file a complaint by writing a letter to the tax office. I complained at the end of Feb/ beginning of Mar last year, a month after I should have been paid my refund and after other options with my employer had been exhausted. BTW, it is your responsibility to inform your employer of all your information about deductions. Atfer I got my paycheck in December, I handed the accountant at my school a letter (in English and Korean) with all my deductions listed in a table - just so there could be no confusion about what I was expecting. Attached were copies of all my supporting documents (paystubs, credit card statements, etc.)

Good luck.
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sjk1128



Joined: 04 Feb 2005

PostPosted: Sat Jan 12, 2008 11:51 am    Post subject: Reply with quote

George,

I'm not sure what certificate you mean. ?
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georgewallas



Joined: 26 Nov 2007

PostPosted: Mon Jan 14, 2008 3:25 pm    Post subject: Certificate Reply with quote

That's provided by the tax office. To be used as proof when filling abroad
I am currently in a dispute with the hogwan owner, when it's resolved, I will post all the pertinant information.

As it stands, there's no record of me in the office, which means he's pocketing my tax money.
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Meggiebea



Joined: 20 Oct 2006
Location: Uijeongbu, South Korea

PostPosted: Tue Jan 15, 2008 5:40 am    Post subject: Reply with quote

OK, just so i'm clear, and please correct me if i'm wrong....

You should get taxes back from your employer for the first pay period in January. This is without submitting anything?

Does that mean that if you're paid in the first week of January for your month of December that your taxes should be included there? Or should they be on your February paycheck (which is for the month of January)?

Someone said something about May.....

If your employer does not pay you your taxes which steps do you take next?

What paperwork do i have to give to my employer and vice versa what does my school need to provide me with?

I just signed with a school for a second year and now after reading all of this i'm worried that i'm getting ripped off and i want some answers before i begin my new contract.
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georgewallas



Joined: 26 Nov 2007

PostPosted: Tue Jan 15, 2008 6:15 am    Post subject: Taxes 101 Reply with quote

TAX LIABILITY

http://www.nts.go.kr/eng/default.html.
Guide.
Automatic Calculation for Year-End Tax Settlement.
Input all the relevant numbers. Don't forget to click on the 30% for foriegners [big difference, and yes, it applies to all foriegners].
Click calculate.

If the number is negative; call the local NTS [click contact your local office, right side], and give them your ARC#.

You will either get A) the easy way - information, or B) the fun way - a blank response

A THE EASY WAY
1. The employer forwarded all your witholdings to the NTS office.
By the end of January you should get a 24-1
[make his life easy, give him the print out of the calculation].

2. The employer forwarded some of your witholding to the NTS office. Get the 24-1 and make sure that he knows you know what the difference is,, and that you want it back on January 31st. Then in May file for your return, bring reciepts, the form, and your ARC. You may get some of it back.

REFUND
Unlike NPS [Pension] there aren't any international treaties as far as refunds. They will wire money only locally.
First get the HTS application [as I understand it], you apply at the branch, and get online access, so you can file from abroad, or never darken their holy doorsteps again. This service is in Korean.

REFUND FROM ABROAD

KEB has a direct remitance account. It's a special account that's Korean but is linked to a foreign account. For a fee they'll take money for you, and wire it to anywhere [I have one for Thailand, and one for the US].
Do not forget to first fill out a Declaration of Opening an Account(form 22 of Framework Act on National Taxes). This provides the NTS with account details, file by mail [or online] between May 1st and May 31st, and tada you have your money back. Whether it works or not is anyone's guess.

A visit to the local office with your ARC will clarify things. Then a short talk with your employer, again to clarify things. It may be that he's paid, and it's not showing. In which case, do A.2.


B THE FUN WAY

1. Politely insist that he gives you all your witholdings back. Seriously, who cares if he didn't pay the taxes [as long as you have stamped stubs].

2 What to do if he's stupid and tries to screw both you and the government
In the event he refuses to pay your money, threaten with a complaint.
If he still persists, [depending on how dumb he is] go to the local tax office,
Bring:
ARC,
Letter of Complaint containing;
Your name, ARC #, address, contact details
His name, business registry [in his office/lobby] - not a must, business name, address and contact details.

The main points[not filling, etc.] in short clear language.

Statement of Facts
All the dates, numbers, conversations - what was said by whom.

Attach:
Copies of pay stubs.
Copy of your contract.

Get a contacts' name and number and give them 48 hours to remedy the issue. If they don't, add their name to the Statement of Facts.
go to the Regional Office [NTS site - about NTS, organization, scroll down to regional offices, then go to Help Desk, click contact your district office, and you should get a map, or at least an address and phone number], give them 48 hours.
Repeat with Seoul [About NTS, Location].

The final stop is the Investigation Intelligence Division [02-397-1990] which handles tax fraud. This should be your first address when it comes to any foul play [inflated pay stubs that you were asked to sign, for instance].

Within a week, the Hogwan owner will be walking funny after the inspection they'll give him. You will get your money back, but you'll probably be looking for a new job, too.

Yes, it's that simple, and yes, I edit heavily after inital postings.


Last edited by georgewallas on Thu Jan 31, 2008 4:37 pm; edited 18 times in total
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georgewallas



Joined: 26 Nov 2007

PostPosted: Tue Jan 15, 2008 6:19 am    Post subject: What a crappy sticky Reply with quote

MOD'S
It took me 3 weeks and god knows how many net hours to get the information I just relayed to Megiebea. My first stop was the sticky, which is frankly worthless.

I made my own posting, and got more information in 3 days than I did reading this sticky.
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Meggiebea



Joined: 20 Oct 2006
Location: Uijeongbu, South Korea

PostPosted: Tue Jan 15, 2008 6:45 am    Post subject: Reply with quote

ok, so i did the calculation and i got the balance of -1,208,000 so that means i get 1,208,000 won back from my employer by the end of January? They just give it to me? And they have to?

Then in May i take all that paperwork to the NTS and they give me the additional 228,110 back, the difference between what i paid into taxes and what the school pays me back in January?

So tomorrow, when I go into work, I should hand my calculation page over to my employer and ask for my refund by the end of January. If they refuse, what do i do?

Did I get this right? Is it that simple? Are there any reasons why they should be able to refuse to pay me my taxes, like it's a private hogwan or something?

Thanx so much for you help, it's truly appreciated! Smile
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Meggiebea



Joined: 20 Oct 2006
Location: Uijeongbu, South Korea

PostPosted: Tue Jan 15, 2008 6:53 am    Post subject: Reply with quote

wow, either i'm totally stupid or there was a drastic edit to your post. OK so by the end of January I get a slip and I apply for my taxes back in May. Is that right?

What if you are leaving the country before that? Can you get your slip and leave the country and then somehow get the money back from Canada or the US?
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