Domestic Helper Tax Filing

[Orabal]

Hi, I’d like to ask what will happen if my helper’s name is included in her part time job’s tax filing? Knowing that the departments are separate (immigration and inland revenue), is there any chance that this will slip through? Any advice would really help!

[shri]

Does her ID card start with W or WX ...

No clue what you mean about helpers name and part time job.. but the ID card prefix by itself is a dead give away .. no need for interdepartmental faxes

[Orabal]

W..

[Orabal]

What would you suggest to do at this moment? Should we wait it out, or should I terminate her contract immediately?

[PLamHK]

If your helper (i.e someone that you have contractually employed under a FDH Contract/Visa) is working for anyone else then she, you and her other employer are committing an offence. It seems from your post here that you connived in her offence.

It is absurdly stupid for an employer to file a tax return showing someone who is on a domestic helper visa as working for them! We all know that lots of helpers do other bits of work for cash on the side. For some the main contract actually pays nothing and their income is entirely other cash jobs. But those side jobs have to be cash-only and no paperwork!

If the employer has already filed the return to IRD then:
a) the employer is likely to be prosecuted
b) your FDH should probably pack and leave ASAP because if she is still here when this gets to the police (which it will) then she will be arrested and will do jail time (and then be deported anyway).
c) I hope you're a PR because you are likely to be prosecuted and, if not PR, any visa extensions refused.

[hullexile]

Your original post is not clear but if, as in the post above, she is your full time helper and living in but working part time elsewhere then do not admit any knowledge of her part time work.

If the situation is different then you need to be clearer.

[Orabal]

Thanks for your replies!

If I marry her and apply for dependency would it help? I have been in a relationship with her before I signed her as my FDH during the covid times.

[PLamHK]

No it wouldn't. Marriage can't be made retrospective. The offences have been committed. I very much doubt that a convicted criminal would be able to get a dependent visa.

Are you a Permanent Resident? Particularly if not then I think you need to be looking after #1 at this point and disowning all knowledge of her illegal activities.

[Orabal]

If her ID was not included, just the name, would it be any different?

[PLamHK]

That's not how tax returns work - the HKID is required.

Here is an example of the form that an employer must complete each year for every employee:

https://www.ird.gov.hk/eng/pdf/ir56b_completion_e.pdf