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Chapter Law Content

Chapter 1 General Principles
Article 1
A specifically selected goods and services tax shall be imposed, in accordance with the provisions of this Act, on the sale, manufacture, and import of specifically selected goods or the sale of specifically selected services within the territory of the Republic of China.
Article 2
The specifically selected goods regulated by this Act are the following:
1. Buildings and land: Any unit of a building and the share of land associated with the unit, or any urban land and industrial land in non-urban areas for which a construction permit may lawfully be issued, that has been held for a period of no more than 2 years.
2. Passenger cars: Any passenger car that, including the driver’s seat, has nine seats or less and a selling price or taxable value of not less than NT$3 million.
3. Yachts : Any yacht with a full length of not less than 30.48 meters.
4. Airplanes, helicopters, and ultra-light vehicles : Any airplane, helicopter, or ultra-light vehicle with a selling price or taxable value of not less than NT$3 million.
5. Turtle shells, hawksbill, coral, ivory, furs, and their products: Any of the aforesaid items that has a selling price or taxable value of not less than NT$500,000, excluding those that are not protected species under the Wildlife Conservation Act, or products made from them.
6. Furniture: Any item of furniture with a selling price or taxable value of not less than NT$500,000.
As used in this Act, "specifically selected services" means any membership rights with a selling price of not less than NT$500,000, except when in the nature of a refundable deposit.
Article 3
As used in this Act, the "sale of units of buildings, land, and specifically selected services within the territory of the Republic of China" respectively means the following:
1. Units of buildings and land: The sale of any unit of a building or land located within the territory of the Republic of China.
2. Specifically selected services: The sale of specifically selected services for use within the territory of the Republic of China.
As used in this Act, "manufactured within the territory of the Republic of China" means that the manufacturer has registered within the territory of the Republic of China as a manufacturer subject to the specifically selected goods and services tax and manufactures specifically selected goods.
The holding period referred to in paragraph 1, subparagraph 1 of the preceding article means the period starting from the day on which the registration of transfer is completed, either before or after this Act comes into force, until the day on which a sale contract is entered into after this Act comes into force.
Article 4
The taxpayer in a sale of the specifically selected goods of Article 2, paragraph 1, subparagraph 1 is the original owner, and the specifically selected goods and services tax is collected at the time of sale.
The taxpayer and the time of collection of the tax on the specifically selected goods and specifically selected services of Article 2, paragraph 1, subparagraphs 2 to 6 are as follows:
1. In the case of the manufacture of specifically selected goods, the taxpayer is the manufacturer, and the tax is collected upon release from the factory.
2. In the case of imported specifically selected goods, the taxpayer is the consignee or the holder of the bill of lading or of the goods, and the tax is collected upon importation.
3. In the case of an auction or sale, by a court or other institution, of specifically selected goods for which the tax has not been paid, the taxpayer is the winning bidder, the purchaser, or the assumer of the goods, and the tax is collected at the time of the auction or sale.
4. In the case of a tax-exempt specifically selected good that loses its tax-exempt status due to a transfer or a change in purpose of use, the taxpayer is the person initiating the transfer or the change in purpose of use or the holder of the good, and the tax is collected at the time of the transfer or the change in purpose of use.
5. In the case of the sale of specifically selected services, the taxpayer is the business entity making the sale, and the tax is collected at the time of sale.
Article 5
Under any of the following circumstances, a specifically selected good under Article 2, paragraph 1, subparagraph 1 will be exempt from the specifically selected goods and services tax:
1. The owner and owner's spouse and lineal relatives of minor age, have only one unit of a building and the land associated with the unit, have completed household registration, with proof of actual residence, and during the holding period neither provide it for business use nor lease it out.
2. The owner or the owner's spouse under the preceding subparagraph purchases a unit of a building and the land associated with the unit, such that they now hold a total of two such units of buildings and land, and, within 1 year after the date on which transfer registration for the newly acquired building unit and land is completed, they sell the originally acquired building unit and land, or sell the newly acquired building unit and land because of a job transfer, involuntary separation from employment, or any other involuntary cause, and they remain, after the sale, in conformance with the requirements of the preceding subparagraph.
3. The commodity is sold to or by a government at any level.
4. Non-imposition of the land value increment tax has been approved.
5. Land designated as reserved for public facilities under the Urban Planning Act is transferred prior to expropriation.
6. A commodity obtained through inheritance or legacy is sold.
7. A unit of a building is transferred for the first time after completion of construction by the business entity.
8. The commodity is sold in a forced sale pursuant to the Compulsory Execution Act, Administrative Execution Act, or other law.
9. The commodity is the subject of a disposition pursuant to Article 76 of the Banking Act or other law, or pursuant to an order of the competent authority for the relevant industry.
10. An owner, using his or her own residence and land, demolishes and rebuilds or enters into a joint construction and allocation project with a business entity and sells his or her share.
11. A unit of a renewed building and the share of land associated with the unit, which were obtained through distribution in an urban renewal project implemented through rights transformation pursuant to the Urban Renewal Act, are sold.
12. Cases with proof of transactions not for short-term speculation were approved by the Ministry of Finance.
Subparagraph 12 of the preceding paragraph shall be applicable to the cases not currently being assessed or pending final decision at the effective date of the amendment of this Act.
Article 6
Under any of the following circumstances, a specifically selected good under Article 2, paragraph 1, subparagraphs 2 to 6 will be exempt from the specifically selected goods and services tax:
1. The good is used for the manufacture of another taxable specifically selected good.
2. The good is for export abroad.
3. The good is used for display in an exhibition, and after exhibition is shipped back to the factory or exported.
4. The good is used exclusively for education, research, or experiment by a public or private school or educational or research institute at any level in accordance with the purpose of its establishment, or is used exclusively for participation in or training for international contests.
The specifically selected goods of Article 2, paragraph 1, subparagraph 2 are exempt from the specifically selected goods and services tax if they are exclusively used for research and development, public security, emergency medical care, or disaster relief.
The specifically selected goods of Article 2, paragraph 1, subparagraph 4, are exempt from the specifically selected goods and services tax if not for personal use.
Article 6-1
The Specifically Selected Goods and Services Tax Act shall cease to apply on sale contract to sell Specifically Selected goods provided in Subparagraph 1, Paragraph 1 of Article 2, effective from January 1, 2016.