Chapter 4 Assessment & Collection Procedure
Section 2 Annual Income Tax Return
Article 71
A taxpayer shall, within the period from May 1 to May 31 of each year, fill out and file to the competent tax authority an annual income tax return declaring therein the items and amounts that make up his/her gross consolidated income (for an individual) or the gross profit-seeking income (for a profit-seeking enterprise) for the preceding year together with the tax deductions/exemptions, and/or offsets associated therewith, if any. The taxpayer shall further calculate the amount of income tax actually payable by him/her/it by deducting the provisional income tax payment, the unused withholding tax and the amount of tax credit as calculated per Paragraph 4 of Article 15 from the amount of the income tax payable for the whole year, and shall pay the remaining balance before filing the annual income tax return. However, the withholding tax from the income subject to separate taxation in accordance with this Act shall not be deductible.
A profit-seeking enterprise organized as a sole proprietorship or a partnership shall declare an annual income tax return as per the preceding paragraph and be exempt from computing and making a tax payment before filing its income tax return; the amount of income of a profit-seeking enterprise shall be included in “Income from profit-seeking activities” as defined in Category 1, Paragraph 1 of Article 14, and the individual income tax shall be levied in accordance with this Act. However, a sole proprietorship or a partnership recognized as a small-scale profit-seeking enterprise shall not file an annual income tax return; the amount of the profit-seeking enterprise income assessed by the tax authority shall be included in “Income from profit-seeking activities” and the individual income tax shall be levied in accordance with this Act.
An individual residing in the territory of the Republic of China whose annual gross consolidated income does not exceed the sum of the amount of exemption plus the standard deduction for the current year shall be exempt from filing an annual income tax return. However, if an application has been filed for refund of the tax withheld and the amount of tax credit as calculated per Paragraph 4 of Article 15 from the amount of the income tax payable for the whole year, or subject to separated taxation according to Paragraph 5 of Article 15, the said taxpayer shall still be required to file the annual income tax return.
Article 71-1
In case an individual residing in the territory of the Republic of China dies in the taxable year, his/her taxable income derived in the year of his/her death and in the previous years, except for those who are exempt from filing an annual income tax return as provided in Article 71, shall be subject to the annual income tax return which shall be filed by the will executors, heirs or estate administrators within three months from the date of death of the decedent. In such a case, the will executors, heirs or estate administrators shall, within the total value of the estate, be responsible for all the obligations concerning the tax return. However, in case the deceased is survived by his/her spouse who is an individual residing in the territory of the Republic of China, the spouse shall file the annual income tax return and make a tax payment thereof in accordance with Article 71.
Any individual residing in the territory of the Republic of China who abolishes his/her domicile or residence in the territory of the Republic of China and is going to leave the territory of the Republic of China shall file his/her annual income tax return for the taxable year before his/her departure. However, in case the individual’s spouse is residing in the territory of the Republic of China and continues to live in the territory of the Republic of China, he/she shall file the annual income tax return and make a tax payment in accordance with Article 71.
In conformity with Subparagraph 13 of Article 4, an educational, cultural, public welfare and charitable organization or institution and its operational organization, shall file its income tax return in accordance with Article 71, and shall still pay income tax if it is not qualified to be exempt from income tax.
Article 72
The period for filing an annual income tax return as provided in Paragraph 1 of Article 71-1 may, before the time limit and under special circumstances, through the application of the will executors, or heirs, or estate administrator and upon the approval of the tax authority, be extended to a date not later than the time limit prescribed for filing an estate tax return.
Any taxpayer as provided in Paragraph 2 of Article 71-1 and Article 73 may, under the special circumstances of being unable to file his/her/its tax return within the time limit or file by himself/herself/itself, appoint an individual residing in the territory of the Republic of China to file a tax return and make a tax payment on his/her/its behalf with the approval of the tax authority. In the case of a delinquent payment or failure to entrust a certified public accountant or any other lawful agent to file the tax return and make a tax payment on his/her/its behalf, the tax authority may notify the exit/entry control office to deny exit clearance to such a taxpayer.
Article 73
When an individual not residing in the territory of the Republic of China or a profit-seeking enterprise having no fixed place of business or business agent within the territory of the Republic of China derives income within the territory of the Republic of China as provided for in Article 88, the income reporting provisions under Article 71 shall not apply and the tax withholder shall withhold the income tax payable in accordance with prescribed withholding rates. If the taxpayer has income which does not fall within the scope of withholding as provided for in Article 88 and is going to leave the territory of the Republic of China prior to the time limit prescribed for filing income tax return in the taxable year, he/she shall file a tax return with the competent tax authority prior to his/her departure and make tax payment according to the prescribed tax rates, and, if he/she does not leave within the time limit prescribed for filing income tax return in the taxable year, he/she shall file a tax return and make tax payment in accordance with this Act.
In the case of a profit-seeking enterprise with no fixed place of business but having a business agent in the territory of the Republic of China, except where computation of income is made in accordance with Articles 25 and 26 and income tax is withheld and paid in accordance with the provisions concerned, the business agent concerned shall be responsible for filing of an income tax return with the competent tax authority and for payment of income tax in accordance with this Act.
Article 73-1
Off-shore Banking Branches shall report all interest derived from loans extended to individuals, legal entities, government agencies and financial institutions within the territory of the Republic of China, except for the interest which is tax-exempt according to the laws, and calculate their income taxable based on the total amount of interest and the prescribed withholding rates within the time limit as stipulated in Article 71 of this Act.
Article 74
Where a profit-seeking enterprise changes its fiscal year with the approval of the competent tax authority, it shall, within one month from the date of change, file with the competent tax authority on a prescribed form the amount of income accrued prior to the change, compute the income tax payable in accordance with Article 40 and make payment thereof prior to filing its income tax return.
Article 75
A profit-seeking enterprise shall make its current final income tax return up to the date of dissolution, closure, merger, or ownership transfer, and then its total business income and tax payable on a prescribed form to the competent tax authority within forty-five days, and further make payment before filing the income tax return.
A profit-seeking enterprise shall report any income derived from liquidation during the period of liquidation on a prescribed form to the competent tax authority within thirty days from the date of completion of liquidation, and the taxpayer shall, before filing its tax return, make payment at the prescribed profit-seeking enterprise income tax rate in the taxable year. However, this is not applicable to those enterprises which are exempt from the liquidation process in accordance with other laws.
The term "period of liquidation" as referred to in the preceding paragraph for the company organization shall be the time limit in accordance with the Company Act; for the limited partnership organization it shall be the time limit in accordance with the Limited Partnership Act; and for others it shall be three months from the date of dissolution, closure, merger, or ownership transfer.
A profit-seeking enterprise organized as a sole proprietorship or a partnership shall make its current final income tax return or liquidation income tax return according to Paragraphs 1 and 2 and be exempt from computing and making a tax payment before filing its income tax return. The amount of income of a profit-seeking enterprise shall be included in “Income from profit-seeking activities” as defined in Category 1, Paragraph 1 of Article 14, and the individual income tax shall be levied in accordance with this Act. However, the sole proprietorship or a partnership which is assessed as a small-scale profit-seeking enterprise shall not make its current final income tax return or liquidation income tax return. The tax authority shall assess the amount of profit-seeking enterprise income and incorporate the income into its sole proprietor’s or partners’ “Income from profit-seeking activities” and levy individual income tax in accordance with this Act
In the case of failure to submit a current final income tax return or liquidation income tax return within the time limit as provided in Paragraphs 1 and 2, the tax authority shall assess and determine the amount of business income and tax payable; if a profit-seeking enterprise is organized as a sole proprietorship or a partnership, the tax authority shall assess its taxable income, incorporate the income into its sole proprietor’s or partners’ “Income from profit-seeking activities” and levy individual income tax in accordance with this Act.
In the event of bankruptcy, a profit-seeking enterprise shall, within ten days prior to the time limit prescribed for credit filing announced by the court, file its current final income tax return with the competent tax authority. In the case of failure to file a tax return within the time limit, the tax authority shall assess and determine its amount of business income and tax payable immediately according to the finding made by itself.
The court shall, at the same time of announcement of credit filing, notify the local tax authority of the bankruptcy declared on the profit-seeking enterprise in the preceding paragraph.
Article 76
A taxpayer shall attach to his/her/its annual income tax return any receipts for self-paid taxes and other related documents of evidence and, in the case of a profit-seeking enterprise, also the balance sheet, inventory of properties, and income statement.
At the time of filing an income tax return by a company, cooperative, or other juristic person, its responsible person shall submit a statement listing the names and residences of shareholders, members, or investors and the amount of dividends or earnings payable or paid. In the case of a partnership, its responsible person shall submit a statement listing the names and residences of partners and their respective percentages of investment and profit or loss allocation.
Article 77
Profit-seeking income tax return forms shall be used in accordance with the following provisions:
1. Ordinary return - to be used by profit-seeking enterprises other than those authorized to use the Blue return;
2. Blue return - to be used by profit-seeking enterprises duly authorized by tax authority.
The Blue return refers to the tax form which is printed according to the prescribed form on blue paper and designed for encouraging profit-seeking enterprises to honestly report their income. Rules governing the use of blue return shall be prescribed by the MOF.
There are two kinds of individual income tax return forms, namely the general return and the concise return. The forms and the usages thereof shall be prescribed by the MOF.
Article 78
The tax authority shall at all times assist and urge taxpayers to file annual income tax returns within the prescribed period and shall, fifteen days prior to expiration thereof, send a reminder pointing out the responsibility associated with belated reporting.
The reminder as provided in the preceding paragraph may be sent in the form of a public notice.
Article 79
Where a taxpayer fails to file an annual income tax return within the prescribed period, the tax authority shall serve a delinquent notice, requiring the taxpayer to complete an annual income tax return within fifteen days from the date of receipt of the notice. In the event the taxpayer does not file the annual income tax return within the fifteen days given in the notice, the tax authority shall make assessment of the amount of income and tax payable on the basis of available taxation data or the profit standard of the same trade and serve the taxpayer the assessment notices along with a tax demand notice. In case any additional taxation data is afterwards discovered upon investigation by the tax authority, such taxation data shall be handled in accordance with the relevant provisions of the Tax Collection Act. Where a profit-seeking enterprise is organized as a sole proprietorship or a partnership, the tax authority shall assess its taxable income and incorporate the income into its sole proprietor’s or partners’ “Income from profit-seeking activities” and levy individual income tax in accordance with this Act.
The provisions of the preceding paragraph shall not apply to a taxpayer subject to individual income tax. In the event of failure on the part of such a taxpayer in filing an annual income tax return after expiration of the prescribed period, the tax authority shall forthwith determine the amount of income and tax payable based on the available taxation data and notify the taxpayer to pay the tax within the time limit. In case any additional taxation data is afterwards discovered upon investigation by the tax authority, such taxation data shall be handled in accordance with the relevant provisions of the Tax Collection Act.