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Implications of no pension deductions and wrong tax rate?

 
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fakeplastiktree



Joined: 15 Oct 2007
Location: Northeast Seoul

PostPosted: Wed May 14, 2008 9:44 am    Post subject: Implications of no pension deductions and wrong tax rate? Reply with quote

I know this topic has been discussed ad nauseam but the search function on this site sucks and I'm not sure what to do about my situation.

I've been working at a hagwon for 2.5 months now. After I got my first month's paystub, I was concerned about the lack of deductions for health insurance and pension. I posted a message on here asking a question about it and found out that I was also charged too much tax: 3.3% on a 2.0 million salary. I spoke with the hagwon director (foolishly ONLY about the pension deduction and not the tax issue) and she told me she would call the pension office. Fast forward to second month's paystub: this time there was a deduction for health insurance but still no pension. So I asked her again and she assured me, once again, that she would call the pension office. Upon searching for information here, it seems that 3.3% is the tax rate for "independent contractors".

With my third month's pay only two weeks away, I want to address this problem before it gets more muddled. So my questions are:

1. Is calling me an "independent contractor" what gets her out of having to pay me pension? (i.e. Is it safe to assume that if I was getting pension deductions, she wouldn't be able to claim me as an IC?)
2. Is she legally allowed to sponsor me for an E-2 visa and claim me as an "independent contractor"?
3. What should my recourse be at this point? I don't want this to get nasty but with the language barrier and all, I can only imagine when I tell the director that I know what she's doing she'll probably just play dumb or assure me that this is the way it works.

Any input on this matter is greatly appreciated!!
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hagwonnewbie



Joined: 09 Feb 2007
Location: Asia

PostPosted: Fri May 16, 2008 8:06 pm    Post subject: Reply with quote

From my understanding, E-2's pay 3.3 -3.5 % tax per pay check and are entitiled to a refund of most of that at the end of the year. That's what happened to me last year. I did have to call the tax advocate for foreigners to make that happen. There is sticky on this you can refer to come 8 or 10 months from now.

Keep your stamped and signed pay stubs.

You should be paying 4.5 % of your paycheck into Pension and getting double that back when you go home if you're from most countries. I know New Zealand doesn't get it, so if that's your home country, you're better off not paying into it.

Your boss may just be lazy or avoiding the inevitable. Keep pushing and consider going to the pension office if there is still a problem. Did you recieve a medical insurance card? If so, then your boss is likely paying your taxes.
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I-am-me



Joined: 21 Feb 2006
Location: Hermit Kingdom

PostPosted: Fri May 16, 2008 10:16 pm    Post subject: Reply with quote

Quote:
From my understanding, E-2's pay 3.3 -3.5 % tax
I went through this about a month ago at tax office. Independent Contractors pay 3.3% As hagwon teachers our tax rate is 1.7% You have to go to tax office to make sure she is paying your taxes. Old trick is for them to hold tax until end of the year and collect the refund due to you. Take your contract with you and make sure you are considered an "employee" on it and that it states you will be paid pension and healthcare.
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Zaria32



Joined: 04 Dec 2007

PostPosted: Sat May 17, 2008 1:03 am    Post subject: Reply with quote

By definition, an E-2 visa holder can NOT be an independent contractor. Also, whoever wrote that as a hogwon teacher our rate is 1.7...not true. The rate is based on how much you earn, not your job. 3.3% (independent contractor rate) is way too high...at 2.4 million won, no dependants, I pay 2.17%. At 2.1 or 2.0 or 2.3 the rate would be lower, at 2.5 or 2.6 it would be a bit higher.)
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Roch



Joined: 24 Apr 2003
Location: Seoul

PostPosted: Sat May 17, 2008 1:21 am    Post subject: Reply with quote

Zaria32 wrote:
By definition, an E-2 visa holder can NOT be an independent contractor. Also, whoever wrote that as a hogwon teacher our rate is 1.7...not true. The rate is based on how much you earn, not your job. 3.3% (independent contractor rate) is way too high...at 2.4 million won, no dependants, I pay 2.17%. At 2.1 or 2.0 or 2.3 the rate would be lower, at 2.5 or 2.6 it would be a bit higher.)


Word!

R
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jangsalgida



Joined: 11 Jan 2006

PostPosted: Sat May 17, 2008 7:43 pm    Post subject: Reply with quote

I-am-me wrote:
Quote:
From my understanding, E-2's pay 3.3 -3.5 % tax
I went through this about a month ago at tax office. Independent Contractors pay 3.3% As hagwon teachers our tax rate is 1.7% You have to go to tax office to make sure she is paying your taxes. Old trick is for them to hold tax until end of the year and collect the refund due to you. Take your contract with you and make sure you are considered an "employee" on it and that it states you will be paid pension and healthcare.


Did the tax office switch you from an "Independent Contractor/Free Lancer" to an employee? I don't think so, and I don't think they would. It's possible if you work at a regular hagwon.

The woman on the English tax phone line(headquarters) didn't think they would change my status, she told me I'd be wasting my time if I tried to go to the tax office and have them do that. I was advised to file a complaint at the court, so that is what I did. Sad, but true.

The public after-school program I worked at listed me as an "Independent Contractor/Free Lancer," and the tax office isn't about to change that. IMO, there isn't any S. Korean governmental entity willing to follow the law in our favor against a public school/education ministry which chooses to exploit us E-2 Visa holders and at the same time cheat themselves/own people/government. THEY JUST DON'T GET IT, OR CARE!
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Flash Ipanema



Joined: 29 Sep 2006
Location: Seoul

PostPosted: Sat May 17, 2008 9:10 pm    Post subject: Reply with quote

hagwonnewbie wrote:
Did you recieve a medical insurance card? If so, then your boss is likely paying your taxes.


Keep in mind that pension and health insurance are together yet separate from tax. If you're registered as an independent contractor with one you're probably registered that way with both, but you'll have to talk to both agencies to get it changed. Also, if you got health insurance deducted but not pension, they probably set you up with a private insurance company and you're still registered as an independent contractor in terms of medical and pension.
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glimmer



Joined: 01 Feb 2008

PostPosted: Sat Jun 14, 2008 6:04 pm    Post subject: Reply with quote

hagwonnewbie wrote:
You should be paying 4.5 % of your paycheck into Pension and getting double that back when you go home if you're from most countries. I know New Zealand doesn't get it, so if that's your home country, you're better off not paying into it.


Correct me if I'm wrong, but doesn't Korean law require that New Zealanders *must* pay into the National Pension fund, even though they can't claim it back? (Yeah, I know there are a few exceptions for universities or institutions that have their own private pension schemes, but I'm talking about your ordinary hagwon here.)
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Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Sat Jun 14, 2008 7:25 pm    Post subject: Reply with quote

glimmer wrote:
hagwonnewbie wrote:
You should be paying 4.5 % of your paycheck into Pension and getting double that back when you go home if you're from most countries. I know New Zealand doesn't get it, so if that's your home country, you're better off not paying into it.


Correct me if I'm wrong, but doesn't Korean law require that New Zealanders *must* pay into the National Pension fund, even though they can't claim it back?

Yes. IF they catch wind that you didn't pay into it, they'll come after both you and the school for back contributions. NHIC does the same thing.
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Zaria32



Joined: 04 Dec 2007

PostPosted: Sat Jun 14, 2008 8:57 pm    Post subject: Reply with quote

Someone wrote that if you are set up with health insurance, then you're probably getting pension too... huh? Say what?

Yes, often the two things, pension and health insurance, have people sharing an office, but they certainly don't cross reference. Although probably the majority of schools and hogwons follow the law on health insurance, I'd say (just a guess) that less than half that amount pay into pension.
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