Taxed as a non-resident with a 12 month EB visa

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xandreu
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Taxed as a non-resident with a 12 month EB visa

Post by xandreu »

I have a (foreign) friend who has worked for the same company for over a year and has never had an issue with her salary.

This month she has received considerably less than what she was expecting and after enquiring, has been told that it's because she has been taxed as a non resident, not resident. Even though she has always, up to now, been taxed as a resident.

I'm 99% sure that a 12 month EB visa makes you a resident right? And you should be taxed as such.

Just checking with you guys before I help her further.

Thanks.
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PSD-Kiwi
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Re: Taxed as a non-resident with a 12 month EB visa

Post by PSD-Kiwi »

A Cambodian resident taxpayer includes any physical person who: has residence in Cambodia, or. has a principal place of abode in Cambodia, or. is physically present in Cambodia for more than 182 days in any 12 month period ending in the current tax year.

A non-resident is a person who does not meet the above criteria.

A 12 month Visa Extension of Stay alone does not make a person resident for tax purposes.
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xandreu
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Re: Taxed as a non-resident with a 12 month EB visa

Post by xandreu »

PSD-Kiwi wrote: Thu Dec 30, 2021 1:41 pm A Cambodian resident taxpayer includes any physical person who: has residence in Cambodia, or. has a principal place of abode in Cambodia, or. is physically present in Cambodia for more than 182 days in any 12 month period ending in the current tax year.

A non-resident is a person who does not meet the above criteria.

A 12 month Visa Extension of Stay alone does not make a person resident for tax purposes.
She’s definitely a resident then. Sounds to me like there’s a new person in the office who doesn’t know what they’re doing.

Thanks for the info.
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AndyKK
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Re: Taxed as a non-resident with a 12 month EB visa

Post by AndyKK »

It's just has the knowledgeable PSD-Kiwi wrote, if the person resides more than 182 days in any 12 month period ending in the current tax year then they are classed as a resident in general, if earning then like any other residents are due to pay tax monies.
It's always been of a small concern to myself, due to the Cambodian tax man could by rights tax any residents on that of their earnings, salary, incomes. Take Thailand for example, here forign residents are taxed on their pension funds, and many of those pension monies will have been taxed at source (their own country). So in effect they're being double taxed on their income of monies. It's has I understand a relatively easy process by a form for the purpose of claiming that taxed money to be reinstated, also I seem to understand that the taxed person can opt for being taxed in the country they are residing, being to their financial benefit if that country has a lower tax rate. But this is depending if the two countries have a tax agreement in place. Cambodia at this time have very few tax agreement's with other countries, so in effect if they were to tax a person on income of monies that money would be getting double taxed. I am not implying that you would not be able to claim some tax monies back, but it would be more likely that the tax money would be stopped at source, and the person would fall short if they were paying a higher tax rate we're they we're classed has a resident.
That is only a simple outline of what I am lead to understand, any updates I would be happy to know.
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Re: Taxed as a non-resident with a 12 month EB visa

Post by Doc67 »

xandreu wrote: Thu Dec 30, 2021 2:04 pm
PSD-Kiwi wrote: Thu Dec 30, 2021 1:41 pm A Cambodian resident taxpayer includes any physical person who: has residence in Cambodia, or. has a principal place of abode in Cambodia, or. is physically present in Cambodia for more than 182 days in any 12 month period ending in the current tax year.

A non-resident is a person who does not meet the above criteria.

A 12 month Visa Extension of Stay alone does not make a person resident for tax purposes.
She’s definitely a resident then. Sounds to me like there’s a new person in the office who doesn’t know what they’re doing.

Thanks for the info.
She should go to her Sangkat, show them her lease agreement and a few passport photos and they will issue a form showing her as resident. She might have to give them a few bucks for same day service (I did). I had to do this with Prasac to get taxed as a resident.
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xandreu
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Re: Taxed as a non-resident with a 12 month EB visa

Post by xandreu »

Doc67 wrote: Fri Dec 31, 2021 12:31 pm
xandreu wrote: Thu Dec 30, 2021 2:04 pm
PSD-Kiwi wrote: Thu Dec 30, 2021 1:41 pm A Cambodian resident taxpayer includes any physical person who: has residence in Cambodia, or. has a principal place of abode in Cambodia, or. is physically present in Cambodia for more than 182 days in any 12 month period ending in the current tax year.

A non-resident is a person who does not meet the above criteria.

A 12 month Visa Extension of Stay alone does not make a person resident for tax purposes.
She’s definitely a resident then. Sounds to me like there’s a new person in the office who doesn’t know what they’re doing.

Thanks for the info.
She should go to her Sangkat, show them her lease agreement and a few passport photos and they will issue a form showing her as resident. She might have to give them a few bucks for same day service (I did). I had to do this with Prasac to get taxed as a resident.
It was what I suspected. She went above the office staff and it's now been sorted, although she has to wait until next month for the back-pay. It was as I suspected - new girl the office without a clue.

Thanks for the info though if this comes up again.
The difference between animals and humans is that animals would never allow the dumb ones to lead the pack.
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