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Joint filing and the 183 day rule

ROC taxes, overseas payment of taxes, withholding rates, general tax liability issues, and other tax-related matters
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Joint filing and the 183 day rule

Postby SleeplessInTaipei » 27 Jul 2014, 22:05

If I understand correctly, couples must file a joint tax return in Taiwan.

If both husband and wife are on ARCs, what happens if one stayed over 183 days in Taiwan, and the other stayed less than 183 days in Taiwan? Should they pay taxes according to the "resident" rate or the "non-resident" rate?
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Re: Joint filing and the 183 day rule

Postby spaint » 28 Jul 2014, 11:40

That's a good question. I never thought about it before, and a similar question would pertain to the foreign spouse married to a local - the tax office still wants to see how many days you've been in Taiwan for.

My expectation is that the tax office would split the wages such that even though you've filed together, the returns are treated as though they'd been filed separately. I hope some other members have more insight than me.
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Re: Joint filing and the 183 day rule

Postby SleeplessInTaipei » 29 Jul 2014, 09:40

spaint wrote:That's a good question. I never thought about it before, and a similar question would pertain to the foreign spouse married to a local - the tax office still wants to see how many days you've been in Taiwan for.

My expectation is that the tax office would split the wages such that even though you've filed together, the returns are treated as though they'd been filed separately. I hope some other members have more insight than me.

FWIW, I downloaded GoT's official tax software for foreigners. It asks for the dates of stays only for the "main" taxpayer, not for the spouse.
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Re: Joint filing and the 183 day rule

Postby cfimages » 29 Jul 2014, 09:49

If you just go to the tax office they'll do it all correctly for you.
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Re: Joint filing and the 183 day rule

Postby spaint » 29 Jul 2014, 14:01

SleeplessInTaipei wrote:FWIW, I downloaded GoT's official tax software for foreigners. It asks for the dates of stays only for the "main" taxpayer, not for the spouse.


Are you going to file with yourself as the "spouse"?
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Re: Joint filing and the 183 day rule

Postby SleeplessInTaipei » 31 Jul 2014, 11:10

spaint wrote:
SleeplessInTaipei wrote:FWIW, I downloaded GoT's official tax software for foreigners. It asks for the dates of stays only for the "main" taxpayer, not for the spouse.


Are you going to file with yourself as the "spouse"?

Whichever way minimises our taxes...
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Re: Joint filing and the 183 day rule

Postby spaint » 27 Aug 2014, 14:08

SleeplessInTaipei wrote:
spaint wrote:
SleeplessInTaipei wrote:FWIW, I downloaded GoT's official tax software for foreigners. It asks for the dates of stays only for the "main" taxpayer, not for the spouse.


Are you going to file with yourself as the "spouse"?

Whichever way minimises our taxes...


Were you able to file with yourself as spouse?
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Re: Joint filing and the 183 day rule

Postby SleeplessInTaipei » 29 Sep 2014, 15:30

spaint wrote:
SleeplessInTaipei wrote:
spaint wrote:
SleeplessInTaipei wrote:FWIW, I downloaded GoT's official tax software for foreigners. It asks for the dates of stays only for the "main" taxpayer, not for the spouse.


Are you going to file with yourself as the "spouse"?

Whichever way minimises our taxes...


Were you able to file with yourself as spouse?


I don't need to file in 2014, only in 2015.
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Re: Joint filing and the 183 day rule

Postby spaint » 14 Jan 2016, 17:12

Was the OP ever able to get a clear answer on this? I'm afraid it might come up for me in the near-future...
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