Income Tax

[sundaymorningstaple]

no I can't ( and I don't like it )

Your situation is different and has nothing to do with the tax people. I take it you have official leaving dates etc? You company should withhold all the you last pay cheques after the announcement for you to leave. 28 days after the last day, they should pay you, whether they have cleared your tax or not. It is the company's responsibility to clear your tax, not yours. Get a lawyer involved if you can be arsed.

Here's what they need. This taken from the Notes for the IR-21 (Tax Clearance form):

GENERAL
1 The Form IR21 and Appendix 1/2/3 (if applicable) must be completed and signed by the company secretary/director, precedent partner, sole-proprietor, manager, honorary secretary/treasurer, representative of a non-resident company or a person authorised by the employer, as the case may be. The name and designation of the authorised person and contact number must be given.

2 If you are e-filing Form IR 21, please refer to the online help at myTax Portal. For the paper Form IR21, please write in black ink and use the format DD/MM/YY for dates. Enter ‘NA’ for items that are not applicable.

3 Complete this form at least one month before your non-citizen employee ceases employment with you in Singapore (including posting to an overseas location) or plans to leave Singapore for more than 3 months. If you are not able to give one month’s notice, state reason in Section D, item 15 of Form IR21. Unless the Comptroller accepts shorter notice, employers who fail to comply may be liable to a fine not exceeding $1,000.

4 You are also required to withhold any monies (including overtime pay, leave pay, allowances for transport, entertainment, gratuities and lump sum payments, etc.) due to your employee from the day he notifies you of his intention to cease employment or when you decide to terminate the employment or post the employee to an overseas location. If you are unable to withhold monies, state reason in Section D, item 20. If an employer fails to comply and does not give valid reasons, he may be held liable for the tax that is owing by the employee.

5 Do not release any monies to the employee until tax clearance is given or 30 days after the Comptroller has been notified through the Form IR21, whichever is earlier.

[BoD]

They have finally promised to submit the IR21 today. Wanted to wait until the pension trustees came back to them and submit in April!

It would almost be annoying to get a job right now. Longest break from work since I first came to Singapore and I can't use it to travel anywhere

[Fat Bob]

Errr.....if you've got your EP, just go. Send an email to IRAS, MOM and ICA telling them the reasons why you are leavng and that your company has been crap in submitting the IR21. Tell them you will be coming back and give them the details of your return.

Must say, shouldn't your company be giving you a salary for every minute you hold an EP?

[BoD]

That's the point, I no longer have an EP. I am now a tourist

[sundaymorningstaple]

Hopefully they filed the IR-21 online. If they submitted it manually it can take up to the whole 30 days to get clearance. If they file it online it will be completed within 14 days. The company can be taken to task but for a $1000 fine I guess they aren't too worried but it does put you in a bit of a predicament as your passport would be flagged until tax clearance is granted. Hope they get it sorted soon. It sounds like they really screwed you royally. I usually have the problem in reverse. Employees quitting without giving me the requisite notice. (normally a couple of days only or a week or two max). Then I have to grovel to IRAS explaining WHY I did not file with the requisite 30 days lead.