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Contracted or employed?? Tax issues! help pls.

 
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RnH



Joined: 02 Aug 2006
Location: Korea

PostPosted: Sun Sep 10, 2006 3:33 pm    Post subject: Contracted or employed?? Tax issues! help pls. Reply with quote

We recently emailed the tax dept about whether or not the 3.3% tax that we are paying at teachers is too much - they repiled and said that it IS too much if you are EMPLOYED by your school BUT, if you are INDEPENDANTLY CONTRACTED out by the school..then 3.3% is correct. I asked them how I would know which one we were..and they said it depends on the conditions of our contract, and we would need to ask our employer. I would like to have all my facts straight before I tackle my boss about this tax issue..so can anyone clear this up for me? Thanx, I really appreciate it!
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Grotto



Joined: 21 Mar 2004

PostPosted: Mon Sep 11, 2006 6:22 am    Post subject: Reply with quote

Go to the tax post in the FAQ section

Check your monthly withholding tax...that is what they should be deducting. About 1.5% on a salary of 2 mil.
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kprrok



Joined: 06 Apr 2004
Location: KC

PostPosted: Mon Sep 11, 2006 6:28 am    Post subject: Reply with quote

Grotto, you're missing the point. The tax office itself said that 3.3% is correct if you are an independent contractor and not "employed" by the school. The OP, unless of course I'm reading this wrong, is wondering how to find out the difference between the two types of position.

To the OP, I would think it would be quite easy...I know in my contract, ARTICLE I says "blah blah blah...known as "employer" and blah blah blah "henceforth known as employee." That would settle the matter to me.

I think I'll have to look into this as well. I never gave it much of a bother as it was only 15 bucks a month difference, but why not look into it?

KPRROK
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ChuckECheese



Joined: 20 Jul 2006

PostPosted: Mon Sep 11, 2006 7:49 am    Post subject: Reply with quote

Quote:
they repiled and said that it IS too much if you are EMPLOYED by your school BUT, if you are INDEPENDANTLY CONTRACTED out by the school..then 3.3% is correct.


In terms of American employee or independent contractor:
Employee is someone who is in house (company) receiving normal salary and all the benefits including medical insurance and/or stock options, etc. And the employer is deducting all your taxes including federal, state, and local taxes from your normal gross salary.

Independent contractor, on the other hand, is someone or some entity that is hired and tasked by another company or entity to do a particular job only under the terms of contract. However, the hiring company or entity does not offer any normal benefits (as mention under employee) and does not deduct any taxes. The responsibility of paying taxes lies with the independent contractor.

I don't know if there is any difference between American and Korean terminology, but I would bet it would be very similar. If you're getting your medical and pension benefit from your hagwon, I would think that you're an employee, but not an independent contractor. Also check in your contract if the term 'independent contractor' is ever mentioned.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Mon Sep 11, 2006 8:07 am    Post subject: Re: Contracted or employed?? Tax issues! help pls. Reply with quote

RnH wrote:
We recently emailed the tax dept about whether or not the 3.3% tax that we are paying at teachers is too much - they repiled and said that it IS too much if you are EMPLOYED by your school BUT, if you are INDEPENDANTLY CONTRACTED out by the school..then 3.3% is correct. I asked them how I would know which one we were..and they said it depends on the conditions of our contract, and we would need to ask our employer. I would like to have all my facts straight before I tackle my boss about this tax issue..so can anyone clear this up for me? Thanx, I really appreciate it!


Legally, under the terms of your contract and the terms of your visa, you are a contracted employee. Your boss is either mistaken (but I doubt this) or lying to you so he can cheat you.

Easiest way is to check with the tax office and see if he is paying the withheld tax on your behalf. I would guess that he is NOT.

I would also guess that he is NOT remitting the fees for your national pension or national medical insurance either.

You would be classed as an employee with a labor contract under chapter ii sections 22-41 of the labor standards act and NOT a subcontractor.
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RnH



Joined: 02 Aug 2006
Location: Korea

PostPosted: Mon Sep 11, 2006 2:52 pm    Post subject: Reply with quote

Thanx for all the advice..we really appreciate it! I definitely think that our school is taking advantage of us with the 3.3% issue. We dont receive pension (korea doesnt offer a reciprocal tax agreement with our home country.. so i suppose it doesn't really matter)or medical aid (they offerred it to us but we turned it down cos we have really comprehensive travel insurance). So theoretically..because they offered it to us..then I would say that we are employees (which it mentions in our contract) and not contracted. But still, we dont pay pensionor medical...which does make you wonder if they are using that to their advantage! We will definitely try and get hold of the tax office again and maybe try and get some tax receipts out of our boss. Thanx again everyone!
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lastat06513



Joined: 18 Mar 2003
Location: Sensus amo Caesar , etiamnunc victus amo uni plebian

PostPosted: Mon Sep 11, 2006 3:22 pm    Post subject: Reply with quote

From what the tax office told me, I was to pay only 3% of my monthly income as tax. Anything more than that is robbery.
The best way to know how much you are paying is to demand a copy of your tax statement- all schools should be able to supply one when requested. I have done it from all my schools as proof of employment overseas just in case the IRS asks why i haven't paid income tax in the US since 2000.

If they fight or even refuse to give you a statement; ask them again kindly and if they refuse then you can give your name, ARC number and school info to the local tax office for a copy of what they have on record- if they don't have anything on record, then you know something's up...

But I would say before you do that, tell your boss, then he might give you a straight answer right away instead of having to bear an audit of his finances.

I would say if you can't find a person who speaks English in your area tax office, go to a district like Itaewon and ask them your question, they would be very helpful- they were to me Wink

You are a "contract" employee because you came to Korea on a contract basis, remember that.....
By that, I mean year-by-year instead of indefinite period, thats where they might get you.
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