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naturegirl321

Joined: 18 Jul 2006 Location: Home sweet home
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Posted: Fri Apr 09, 2010 4:51 pm Post subject: Can someone explain the Korean tax exemption? |
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I don't get it. So, I have to get a paper saying that for "Federal tax purposes" I'm a US resident and will be a US resident for the rest of 2010, right?
(But I'm not since I live in Korea and spent the last 8 years in Scotland, Czech Rep, Spain, China, and Peru)
And then I give that to Korea and that means taht I don't pay KOREAN taxes, correct?
So then, I have to pay US taxes?
OR
I get out of BOTH Korean and US taxes for two years?
If someone could explain this, simply, I'd appreciate it, becuase it's doing my head in.
Thanks! |
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jameltoe
Joined: 25 Feb 2010
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Posted: Fri Apr 09, 2010 4:54 pm Post subject: |
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according to my recruiter unless you are making over 90k usd you do not need to pay american or korean taxes after submitting your 8802 form |
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naturegirl321

Joined: 18 Jul 2006 Location: Home sweet home
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Posted: Fri Apr 09, 2010 5:06 pm Post subject: |
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jameltoe wrote: |
according to my recruiter unless you are making over 90k usd you do not need to pay american or korean taxes after submitting your 8802 form |
Ok, thanks. I get that.
BUT, how is that legal?
What I mean, is that if you submit the 8802, which I did back in Feb (and they said my application wasn't complete, which it WAS. I even put in copies of my US ID, driver's license, etc. Now I need to swear that I'm a US resident, which I'm not), then you are saying that you're a US tax resident, which would mean that you should pay US taxes , right?
I'm all for not having to pay US or Korean taxes, I just don't get the logistics of it and don't want to get audited for tax evasion.
Does the US say that you MUST pay taxes to EITHER Korea or the US?
If the purpose of 2555 is to exclude foreign earned income from US taxes, it's because you're a US citizen working in a foreign country meeting the stated requirements. And it means that you pay FOREIGN taxes.
If the purpose of 8802 / 6166 is to exclude foreign earned income from foreign taxes, it's because you're a US resident for tax purposes.
I want to know if getting out of paying BOTH Korean and US taxes will have me risking fines, penalties, and who knows what else.
Where is the law saying that I don't have to pay either?
I don't know why govts make it so difficult to understand, yet another reason why I'm an ENglish teacher and not a Maths one. |
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English Matt

Joined: 12 Oct 2008
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Posted: Fri Apr 09, 2010 5:17 pm Post subject: |
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Seeing as how the Korean income tax rates are so low, I've always thought this 'exempt from paying taxes in Korea for 2 years' things is a sort of a poisoned chalice.
Like you, I figured that if I am not paying taxes in Korea (and am legally resident for tax purposes in the UK) then I would inevitably at some point have to pay UK income tax on all or part of my income here in Korea. I did a little reading around the subject and, in my situation, I am only liable to pay UK tax on any income I repatriate to the UK.
I am moving to Germany after I leave Korea so, as far as I have been able to work out, I will not have to pay UK tax on my savings from Korea as I will not be taking the money back to the UK. I'm not sure how it works with US citizens, but this may at least give you some context.....
EDIT: On second thoughts, if you have been away from the US for so long are you actually classified as a resident any longer? If you tell your school that you are not classified as a resident then maybe you can avoid all these worries and just get them to tax you (the rate is somewhere between 1-3%). |
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air76
Joined: 13 Nov 2007
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Posted: Fri Apr 09, 2010 5:26 pm Post subject: |
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You have to pay taxes in one country or the other...end of story. The two-year tax exemption is not there for teachers (who pay 3.3% taxes) but for workers in other fields making a lot more money with much different tax burdens.
If you take the 2-year tax exemption you will be legally liable to pay taxes in the US....they probably would never find out, but yeah, if you want to be on the straight and narrow you should forget about the exemption, pay the 3.3% in Korea and file a 2555 (which I am sure you're already doing as you've been living in Peru for a long time). You don't need to be in Korea for a year to be considered a bona fide resident, as long as your contract lasts for a year you can write the start/end date of your contract on the 2555 and then pro-rate your exemption as a percentage of $94,500 with the same ratio of the number of days you've earned money in Korea in 2009. |
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naturegirl321

Joined: 18 Jul 2006 Location: Home sweet home
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Posted: Fri Apr 09, 2010 5:36 pm Post subject: |
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English Matt wrote: |
EDIT: On second thoughts, if you have been away from the US for so long are you actually classified as a resident any longer? If you tell your school that you are not classified as a resident then maybe you can avoid all these worries and just get them to tax you (the rate is somewhere between 1-3%). |
Yeah, that's the US for you. If I can prove TIES to the US and say that someday, sometime in the future I MAY go back to the US, then yes. I have
two pension plans
a bank acct
cheque acct
driver's liceses
4 credit cards
So with that, I prove that I still have ties and am considering a resident? But yet file a form that says I'm not a resident and don't pay US taxes. It's SO confusing. My husband doesn't understand why I file taxes, but I always will have to as long as I'm an American.
Right now my uni here in Korea is taxing me, but said I could get out if I get the US paper saying that I'm a US resident.
SO I guess I'll forget about it and just file the 2555 as usual. ONe thing I don't like is that I have to report the name and info of any bank account that I have more than 10K usd. I guess I'll be sending my husband lots of money this year then Yet another reason why we don't want to go to the US, if he becomes American, he'd have to pay taxes as well.
Since I started the 2555, I've always put doen 19 Mar 03, the date I "officially" became a non US resident, for tax purposes. I was living in Peru for part of Jan this year, went to the US and then Korea in late Feb. So I think I'll just put 19 Mar 03 on the 2555 again this year. Because I wasn't living in the US, I was "just visiting" as my Dad loves to say.
MOre complications, I was in Peru as a Peruvian, not a US citizen. Wonder what that means for US taxes. |
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pkang0202

Joined: 09 Mar 2007
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Posted: Fri Apr 09, 2010 5:40 pm Post subject: |
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naturegirl321 wrote: |
jameltoe wrote: |
according to my recruiter unless you are making over 90k usd you do not need to pay american or korean taxes after submitting your 8802 form |
Ok, thanks. I get that.
BUT, how is that legal?
What I mean, is that if you submit the 8802, which I did back in Feb (and they said my application wasn't complete, which it WAS. I even put in copies of my US ID, driver's license, etc. Now I need to swear that I'm a US resident, which I'm not), then you are saying that you're a US tax resident, which would mean that you should pay US taxes , right?
I'm all for not having to pay US or Korean taxes, I just don't get the logistics of it and don't want to get audited for tax evasion.
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Dude, you are submitting your 8802 to prove that you a US citizen, AND that your home address is in the US, and that address is current. There are people who are US citizens who do NOT have a permanent address in the USA. Those people would NOT be able to file for tax exemption.
Your drivers license means nothing. I know illegal aliens in the US with drivers license.
So, here are you options:
1. File the 8802 and you don't have to pay Korean taxes for 2 years. File your normal Tax returns to the US IRS and claim the income tax exemption because you make less than $90,000. No US taxes.
2. Don't file the 8802, pay Korean taxes, and file your normal tax returns to the IRS and claim the income tax exemption because you make less than $90,000. No US taxes.
So, its all a matter of you wanting to pay Korean taxes. If you want to pay, file the 8802, get the certificate from the IRS, give that to your school.
If its too complicated for you, then maybe you should just be a sucker and pay the Korean taxes. FYI, Korean taxes are not calculated on 100% of your income, not 70% like in the past. |
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naturegirl321

Joined: 18 Jul 2006 Location: Home sweet home
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Posted: Fri Apr 09, 2010 5:47 pm Post subject: |
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Ok, on my Korean contract, I had to put my US home address, my parents', because I couldn't put my Peruvian one, since we're selling out flat.
1. File the 8802 and you don't have to pay Korean taxes for 2 years. File your normal Tax returns to the US IRS and claim the income tax exemption because you make less than $90,000. No US taxes.
That sounds good to me. But brings me to the same question: how can I say I'm a US resident for tax purposes, when I file the 2555 and have filed for years?
It's not complicated. I just don't know if it's legal. |
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air76
Joined: 13 Nov 2007
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Posted: Fri Apr 09, 2010 5:49 pm Post subject: |
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If you are a US citizen you owe taxes in the US, regardless of whether or not you were given Peruvian citizenship...but as you already know, you can make up to $94,500/year overseas and deduct all of that income. You can actually make more than that as you can deduct travel expenses and overseas living expenses and all sorts of other things (as opposed to taking the standard deduction), but of course this is not a worry with teachers as making over 100 grand a year is not going to happen.
These laws are not in place to try and tax English teachers and other folk traveling and working overseas...they are there to prevent the owners of very large American businesses from relocating their headquarters overseas in an attempt to lower their tax burden. For all intents and purposes you'll never have to pay taxes in the US as long as you have no income there.
I do agree that it is best to file your return every year, even if you aren't paying any taxes...if in 10 years time you decide to return to the US, but now they notice that you've got $100,000 in the bank, it's best to have documented it over the years to show that you earned that money overseas and filed for your tax exemption. |
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air76
Joined: 13 Nov 2007
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Posted: Fri Apr 09, 2010 5:54 pm Post subject: |
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naturegirl321 wrote: |
Ok, on my Korean contract, I had to put my US home address, my parents', because I couldn't put my Peruvian one, since we're selling out flat.
1. File the 8802 and you don't have to pay Korean taxes for 2 years. File your normal Tax returns to the US IRS and claim the i | | | |