Job Discussion Forums

[scott14]

I am leaving for South America and I am 13 days short of the required 183 days for my 2005 taxes.

If I overstay 13 days and pay the overstay fine, do those 13 days count towards my 183 day residency status for tax purposes?

Thanks in advance!

[Ki]

Will the overstay fine be more or less than a quick visa run to Hong Kong? There are ways to avoid the fine (but unfortunately I don't know any of them). Are you able to get an extension through student status?

[scott14]

I am not a student, and I don't mind paying the fine if the overstay days count towards the 183 days?

I don't want to leave my school in a bind as they have only been collecting 6%, rather than the 10% they should have.

The school will get fined for not deducting enough taxes.

Visa run isn't worth the hassle.

Anyone have any ideas, other than just leaving and forgetting about it?

[clark.w.griswald]

[scott14]

I will try to make my question as clear as possible.

Do the days that someone over-stays their visa count toward the 183 days required for resident tax status?

Thanks in advance for any help you might have on this issue!

I have searched everywhere for clarification on this issue without much success.

[Aristotle]

There is no need for you to overstay your visa. Just take a plane ticket and your credentials down to the FAP and explain that your flight doesn't leave until a few days after your visa expires.
Getting an extra few weeks on a Multiple Entry Visa or ARC is usually easy so long as you ask properly and all your papers are in order.
The tax office has their rules to follow and the FAP have another set of rules that they interpret any which way they choose in any particular case.
So long as you are in the country for the amount of time stipulated you should be able to claim a refund but only the days "in country" count, not the days you have had your ARC. Even if you were working under a tourist visa those days in country count. However if you had an ARC but were out of the country on vacation those days out of the ROC don't count.
If you overstay your visa for any amount of time for any reason you may not be able to re-enter the area controlled by the Republic of China on Taiwan.
Just go ask for an extension. Be polite, go early, dress properly and have three copies of everything.
Good luck!
A.

[clark.w.griswald]

[clark.w.griswald]

[scott14]

Thanks for helping understand. I hope this helps!

My contract expires at the end of June, but I will be 13 days short of 183 days because of a holiday.

Somebody replied at Forumosa that overstay days do count towards the 183 days, but I can't find anything concrete on any of the Taiwan government information sites.

I can live with my employer taking the 10%, but I would owe a lot when I eventually did file my 2005 taxes.

It would be much easier just to stay for the extra 13 days if there was a way?

These go under, "Who knew?"

Someone at Forumosa said to go to foreign affairs and ask for a two week extension. Worth a try.

Another person said that I can get a fourth year work permit and ARC.
Isn't three years the limit?

[puiwaihin]

#1- Once you have been in Taiwan for 183 days in 1 tax year you have met the qualifications and will be taxed at the lower rate therafter (unless you leave the country for an entire year). So, if you were here for 183 days last year you are safe anyway.

#2- Don't overstay. It's worse than not filing your taxes at all.

#3- If you are leaving your employer and are just worried about your school getting in trouble, don't. Your school can actually withold nothing at all and you just pay the taxes at whatever rate you're supposed to. Your school will not get in trouble for not withholding taxes as that is optional on their part.

#4- If you still need to leave, definitely take Aristotle's advice on this. Buy a plane ticket that leaves after the visa expires. Take this ticket and all your documentation (with 3 copies) to the Foreign Affairs Police and tell them you just want to extend until your flight leaves and they will most likely grant the extension.

[clark.w.griswald]

I agree with puiwaihin. The 183 day thing only applies to your first year in Taiwan. In your above post you mention fourth year. Was that a typo or is this your fourth year ARC? If you have been here for four years then the rule won't apply to you.

As to your question about overstaying, I would again agree with puiwaihin. If your employer has deducted 10% from your wages then you have met your moral obligations of paying tax in Taiwan. You personally would be far better off to just leave before you overstay as an overstay can have international implications for future visa applications, whereas tax concerns will only be relevant to Taiwan. The tax office can pursue the matter with your employer next year when taxes are filed if they chose to, but I doubt that the tax office would be concerned about this matter.

[scott14]

Thanks all!

It's crystal clear!