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TransferIncomeTax    Withholding tax method for excess amount of executive’s ’Defined Contribution Pension Plan’
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2024-03-20
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Our company has enrolled all employees in a "Defined Contribution Pension Plan." One of our executives is resigning, and there has been an excess over the retirement income limit. The financial institution informed us that if they deposit the excess amount into our corporate account, it should be included in the year-end tax settlement as earned income. Previously, we completed the early resignation report and paid the withholding tax by the 10th of the following month after the resignation.

(Resignation date – Jan 31, 2024 / Early resignation report and withholding tax payment – Feb 10, 2024 / Financial institution deposit date – Feb 20, 2024)

 

In this case, how should the accounting be handled, and do we need to amend the early resignation withholding tax report that has already been submitted and paid?

Our company has enrolled all employees in a "Defined Contribution Pension Plan." One of our executives is resigning, and there has been an excess over the retirement income limit. The financial institution informed us that if they deposit the excess amount into our corporate account, it should be included in the year-end tax settlement as earned income. Previously, we completed the early resignation report and paid the withholding tax by the 10th of the following month after the resignation.

(Resignation date – Jan 31, 2024 / Early resignation report and withholding tax payment – Feb 10, 2024 / Financial institution deposit date – Feb 20, 2024)

 

In this case, how should the accounting be handled, and do we need to amend the early resignation withholding tax report that has already been submitted and paid?

Answer

Kindly find replies to your inquiries:

 

1. Accounting: Upon receipt from the financial institution and after deducting withholding tax, when transferring the remaining amount to the executive:

   (1) When receiving from the financial institution:  

       Debit - Checking Account / Credit - Deposits Received

   (2) When transferring after deducting withholding tax:

       Debit - Deposits Received / Credit - Checking Account

 

 

2. Withholding Tax Settlement Report Submission:

(1) The income period for the excess retirement income received by the executive is considered the date of receipt or the date agreed for receipt. Therefore, you should report the withholding tax based on the date the amount is deposited by the financial institution.   (2) For your company, you should include the withholding tax settlement report for the year 2024, attributing it to February 2024 and payment in February 2024 under the early resignation category.

(2) In your company's case, you should fill out the withholding tax settlement report for February 2024 and attribute it to February 2024 under the category of early resignation.

(In the "Total Payment Amount" section, include the excess retirement income. In the "Income Tax Withholding" section, include the additional tax amount generated.)

 

(3) Even if the early resignation report has already been submitted, you should submit a separate withholding tax settlement report instead of an amended report.

 

 

3. Submission of Withholding Tax Receipt:

   (1) In the withholding tax receipt, input the excess retirement income amount in box (15), under the "Excess Retirement Income" section.

       (You do not need to create a separate payroll ledger; just aggregate and report it during year-end tax settlement.)

 

 

4. Relevant Laws:

   Article 49 [Income Period of Employment Income]

    ① The income period of employment income is as follows:

      1. Salary:

         The day when the work was provided.

      2. Bonus distributed due to surplus disposal:

         The day of the resolution on surplus disposal of the relevant corporation.

      3. Bonus for executives, shareholders, employees, and other contributors of the corporation determined or adjusted by the corporation's income amount reported or determined by the head of the tax office:

         The day when the work was provided during the relevant business year. If the calculation of the monthly average amount spans two years, it is considered as the day when the work was provided during each relevant business year.

      4. Excess amounts according to the provision outside the calculation formula of Article 22, Paragraph 3 of the Act:

         The day received or agreed to receive the payment.

    ② In the case of receiving salary under subcontracting or similar contracts, when the salary is not determined before the start of the tax period for reporting on the tax standard:

       Notwithstanding the provisions of Paragraph 1, Subparagraph 1, it is considered received on the date it is actually received before the start of the tax period for reporting the standard. However, the amount actually received before the determined date is considered as received on the date it was received.

 

Please let me know if you need further assistance.

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