These Regulations are enacted pursuant to the provisions set out in paragraph 6 of Article 5-1 of the Tax Collection Act (hereinafter referred to as the Act).

The Republic of China (hereinafter referred to as the ROC) shall, based on the principle of reciprocity, exchange tax information with the other Contracting Party in accordance with the provisions of an applicable agreement on tax matters and paper documents agreed upon thereunder. Any such matter not provided for shall be governed by the provisions of the Act, the Income Tax Act, these Regulations, the Regulations Governing Application of Agreements for the Avoidance of Double Taxation with Respect to Taxes on Income, and other relevant laws and regulations.
The competent authority of the ROC, while exercising exchange of tax information, shall receive or provide relevant tax information in the form of a specific request, spontaneous exchange, automatic exchange, or other methods of exchange as agreed upon by the competent authorities.

For the purposes of these Regulations:
1. The term “agreement on tax matters” means a treaty, agreement, or arrangement on income tax or exchange of information on tax matters, including its full text, exchange of letter, annex, protocol, and any other similar international paper document signed by the ROC with the other Contracting Party and brought into force in accordance with Article 5 or Article 5-1 of the Act.
2. The term “a specific request” means the competent authority of any Contracting Party, in accordance with the provisions of an agreement on tax matters, requests the competent authority of the other Contracting Party for its assistance in gathering tax information needed for a specific case on tax matters.
3. The term “spontaneous exchange” means the competent authority of any Contracting Party spontaneously provides its tax information to the competent authority of the other Contracting Party in accordance with the provisions of an agreement on tax matters.
4. The term “automatic exchange” means the competent authority of any Contracting Party periodically provides its tax information in bulk to the competent authority of the other Contracting Party in accordance with the provisions of an agreement on tax matters and paper documents agreed upon thereunder.
5. The term “the other Contracting Party” means a country, jurisdiction, or international organization with which the ROC has signed an agreement on tax matters.
6. The term “both Contracting Parties” means the ROC and the other Contracting Party.
7. The term “competent authority” means, with respect to the ROC, the Ministry of Finance or other authorized agency or person who is designed to handle the exchange of tax information in accordance with an agreement on tax matters in association with the term competent authorities; with respect to the other Contracting Party, the authorized agency or person who is designed to handle the exchange of tax information in accordance with an agreement on tax matters in association with the term competent authorities.

When the ROC exercises the exchange of tax information with the other Contracting Party, the following provisions shall be accorded; the ROC shall not process an exchange of information case if the case does not meet one of the following provisions:
1. Persons covered: the exchange of information shall be restricted to persons who are residents of the ROC, the other Contracting Party, or both Contracting Parties. Notwithstanding the foregoing, where provisions of the applicable agreement on tax matters provide that such exchange shall not be restricted to persons who are residents as the aforementioned, such provisions shall prevail.
2. Taxes covered: the exchange of information shall be restricted to taxes on income imposed by the ROC or the other Contracting Party. Notwithstanding the foregoing, where provisions of the applicable agreement on tax matters provide that such exchange shall not be restricted to taxes on income, such provisions shall prevail.
3. Period covered: the exchange of information shall be restricted to tax information belonging to the period commencing from the date of entering the agreement on tax matters into effect specified in the entry into force provision of such agreement and ending before the date of ceasing the agreement on tax matters to have effect specified in the termination provision of such agreement. Notwithstanding the foregoing, where provisions of the applicable agreement on tax matters provide otherwise, such provisions shall prevail. In the case that a specific request is raised by the other Contracting Party, the tax information which the ROC may provide for shall be limited to that which falls within the periods for assessment as specified in paragraph 1 of Article 21 of the Act.

In no case shall the exchange of tax information exercised by the ROC or the other Contracting Party in accordance with the provision of the preceding article be construed so as to impose on a Contracting Party the obligation:
1. To carry out administrative measures at variance with the laws and administrative practice of the ROC or of the other Contracting Party.
2. To supply information which is not obtainable under the laws or in the normal course of the administration of the ROC or of the other Contracting Party.
3. To supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process, or information.
4. To supply information which would be contrary to public policy or public order.
5. To comply with other obligations which the ROC or the other Contracting Party is not specified to have in the provisions of the applicable agreement on tax matters.

Where the exchange of tax information exercised between the ROC and the other Contracting Party is in accordance with the provision of Article 4, the ROC shall not proceed with such exchange once one of the situations in association with the other Contracting Party listed below is discovered:
1. It is not able to equally provide the same kind of information to the ROC.
2. It is obviously difficult to keep the information received confidential.
3. The information provided as a response to a specific request is used for purposes other than taxation.
4. Providing the information as a response to a specific request would be detrimental to the public interest of the ROC.
5. Raising a specific request without exhausting means available under its investigation procedures.

Tax information received by a Contracting Party which is provided by the competent authority of the other Contracting Party under an agreement on tax matters shall be treated as secret in the same manner as information obtained under the domestic laws of the first-mentioned Contracting Party and shall be disclosed only to persons or authorities specified under the provisions of the applicable agreement on tax matters. Such persons or authorities shall use the information only for the purposes of the exchange of information. Notwithstanding the foregoing, where provisions of the applicable agreement on tax matters provide otherwise, such provisions shall prevail.
When processing the exchange of tax information for the other Contracting Party, the ROC shall maintain the case in confidentiality during the course of examining, gathering, and providing information. Where the ROC receives information provided by the competent authority of the other Contracting Party, such information shall be treated as secret in accordance with the provisions of the Act, Personal Information Protection Act, and relevant confidentiality laws and regulations.