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wotsit2004
Joined: 17 Sep 2010
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Posted: Sun Jan 30, 2011 7:13 am Post subject: tax exemption for public school teachers :S help!! |
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hi
im really confused about the tax exemption that can be claimed by public school teachers. im from the uk, and like many other countries, the uk has a double taxation agreement with korea. i thought this meant that i would not have to pay tax to both countries, but i would have to pay tax to one of the countries. so i thought that if i submit a uk residence certificate, i am liable to paying uk taxes. (american citizens do not have to pay tax when working abroad as long as they earn less than $90000 or so, but i dont think theres a rule like that for british citizens. this means that when american citizens submit a US residence certificate, they may be liable to US taxes, but just dont pay any because theyre not earning more than ~$90000. so it could be different for americans.)
when i checked the UK-korea double taxation agreement online, it said:
Subject to paragraph (2) of this Article, an individual who visits one of the Contracting States for a period not exceeding two years for the purpose of teaching or engaging in research at a university, college, school or other similar educational institution which is recognised as non-profit seeking by the Government of that Contracting State, and who immediately before that visit was a resident of the other Contracting State, shall be taxable only in that other State on any remuneration for such teaching or research for a period not exceeding two years from the date he first visits that State for such purpose.
this looks like i have to pay uk taxes if im exempt from korean taxes. (and uk tax is much higher than korean tax.)
HOWEVER.. when i called the korean national tax service, they told me i would be exempt from paying uk and korean tax, and that if a korean comes to the uk to work in education, theyll also be exempt from both uk and korean tax.if i declare myself a non-resident of the uk, i dont think i will be liable to uk taxes if im out of the country for a full tax year. the korean national tax service advisor told me that the residence certificate just proves that i have been a resident of the uk - not that i still am a resident; and that it whats important; and thats why im not liable to uk tax.
so this seems to be contradictory to what i read in the double taxation agreement. i dont want to be exempt from korean tax if it means i will have to pay uk tax, so im not sure whether or not i should hand in a uk residence certificate to become exempt from korean tax.
can anyone help explain this to me?
thank you |
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nathanrutledge
Joined: 01 May 2008 Location: Marakesh
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Posted: Sun Jan 30, 2011 9:08 pm Post subject: |
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You pay taxes in one country or the other, not both. If you're working for a school, you don't have to pay taxes for two years. That's it. So, you pay Korean taxes, and not UK, but you get an exemption, so you pay nothing. EOS. |
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hanams
Joined: 05 Oct 2010 Location: Sydney
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Posted: Sun Jan 30, 2011 10:00 pm Post subject: |
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Does that mean that there will be no deductions at the end of every month (of withheld tax)? Or do we get a tax return at the end of the year? |
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isitts
Joined: 25 Dec 2008 Location: Korea
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Posted: Mon Jan 31, 2011 7:49 am Post subject: Re: tax exemption for public school teachers :S help!! |
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wotsit2004 wrote: |
hi
im really confused about the tax exemption that can be claimed by public school teachers. im from the uk, and like many other countries, the uk has a double taxation agreement with korea. i thought this meant that i would not have to pay tax to both countries, but i would have to pay tax to one of the countries. so i thought that if i submit a uk residence certificate, i am liable to paying uk taxes. (american citizens do not have to pay tax when working abroad as long as they earn less than $90000 or so, but i dont think theres a rule like that for british citizens. this means that when american citizens submit a US residence certificate, they may be liable to US taxes, but just dont pay any because theyre not earning more than ~$90000. so it could be different for americans.)
when i checked the UK-korea double taxation agreement online, it said:
Subject to paragraph (2) of this Article, an individual who visits one of the Contracting States for a period not exceeding two years for the purpose of teaching or engaging in research at a university, college, school or other similar educational institution which is recognised as non-profit seeking by the Government of that Contracting State, and who immediately before that visit was a resident of the other Contracting State, shall be taxable only in that other State on any remuneration for such teaching or research for a period not exceeding two years from the date he first visits that State for such purpose.
this looks like i have to pay uk taxes if im exempt from korean taxes. (and uk tax is much higher than korean tax.)
HOWEVER.. when i called the korean national tax service, they told me i would be exempt from paying uk and korean tax, and that if a korean comes to the uk to work in education, theyll also be exempt from both uk and korean tax.if i declare myself a non-resident of the uk, i dont think i will be liable to uk taxes if im out of the country for a full tax year. the korean national tax service advisor told me that the residence certificate just proves that i have been a resident of the uk - not that i still am a resident; and that it whats important; and thats why im not liable to uk tax.
so this seems to be contradictory to what i read in the double taxation agreement. i dont want to be exempt from korean tax if it means i will have to pay uk tax, so im not sure whether or not i should hand in a uk residence certificate to become exempt from korean tax.
can anyone help explain this to me?
thank you |
If you get the residency certificate, you pay tax in the UK (but not in Korea).
If you don't get the residency certificate, you pay tax in Korea (and file a foreign earned income exemption so you don't pay tax in the UK...I'm assuming you have such a form in the UK. I'm from the US).
If you get the residency certificate and file exemption back home, you can be exempt in both countries, but I don't know how easy that is for UK citizens. The US forms have a loophole that allows for this, explained on one of the stickies on this forum.
But simply put, you choose which country you want to be taxed in. |
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isitts
Joined: 25 Dec 2008 Location: Korea
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Posted: Mon Jan 31, 2011 7:56 am Post subject: |
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hanams wrote: |
Does that mean that there will be no deductions at the end of every month (of withheld tax)? Or do we get a tax return at the end of the year? |
It might, if the school assumes you'll be getting the certificate. If you don't get the certificate, you'll pay a nice lump sum in Korean taxes at the end of the tax year (only about 3.3% of what you earned in that year, but it's kind of a lot to pay all at once).
Of course, if you do get the certificate, then you pay a lump sum in taxes to your home country (usually a higher tax rate).
So which is worse?
I would check with your school about that. |
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hanams
Joined: 05 Oct 2010 Location: Sydney
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Posted: Mon Jan 31, 2011 8:53 pm Post subject: |
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The tax rate at home is 29%, so I'm better off not handing in the certificate and getting taxed in Korea...
I've heard that there is a threshold for US citizens which entitle them to a tax exemption if they make less than the threshold.
Does anyone know if there is a similar protocol for Australians? I've looked on the tax office site and couldn't find anything, but hoping someone else knows some new information... |
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isitts
Joined: 25 Dec 2008 Location: Korea
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Posted: Mon Jan 31, 2011 9:40 pm Post subject: |
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hanams wrote: |
The tax rate at home is 29%, so I'm better off not handing in the certificate and getting taxed in Korea... |
Right, unless Australia has a similar threshold. For US citizens it's US$80,000. Then there's a way to not get taxed in either country.
But, actually... I thought I'd heard Australians don't have a foriegn earned income exemtion. In which case, it would be better to get the certificate so you only pay taxes in Australia and not in Korea (instead of paying in both countries).
But, yeah. We'd need Australian citizens to comment on that.
Excuse me while I duck out of here. |
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hanams
Joined: 05 Oct 2010 Location: Sydney
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Posted: Mon Jan 31, 2011 10:48 pm Post subject: |
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Thanks for that!
Australia does have a double tax treaty with Korea so we only have to pay in one country.
Just not too sure about the the threshold for tax exemption... |
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