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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/12/05 03:53
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Chapter Law Content

Chapter 4 Reporting Provisions
Article 50
After applying the due diligence procedures described in these Regulations to identify a Financial Account that is a Reportable Account or an undocumented account, each Reporting Financial Institution shall report the following information with respect to such accounts for the year to which the information relates:
1. The name, address, countries or jurisdictions of residences and TINs of an Account Holder of the account. In the case of an individual that is an Account Holder, date, country or jurisdiction and city of birth shall be included. In the case of Passive NFEs that are an Account Holders, the names, addresses, countries or jurisdictions of residences, TINs, dates, countries or jurisdictions and cities of birth of their Controlling Persons that are residents of the Reportable Jurisdictions shall be included.
2. The account number or functional equivalent.
3. The name and business administration number of the Reporting Financial Institution.
4. The account balance or value or, if the account was closed during the calendar year, the closure of the account.
5. In the case of a Custodial Account, the following information shall be included:
(1) The total gross amount of interest, the total gross amount of dividends, and the total gross amount of other income generated with respect to the assets held in such account, in each case paid or credited to, or with respect to the account during a calendar year.
(2) The total gross proceeds from the sale or redemption of Financial Assets paid or credited to such account during a calendar year with respect to which the Reporting Financial Institution acted as a custodian, broker, nominee, or otherwise as an agent for the Account Holder.
6. The total gross amount of interest paid or credited to a Depository Account during a calendar year.
7. In the case of any account not described in the preceding two subparagraphs, the total gross amount paid or credited to the Account Holder with respect to such account during a calendar year with respect to which the Reporting Financial Institution is the obligor or debtor.
8. The information reported shall identify the currency in which each amount is denominated.
A Reporting Financial Institution shall comply with the following subparagraphs in each following circumstances:
1. If a Reporting Financial Institution has no TIN or date of birth with respect to an Account Holder of a Preexisting Account, and is not otherwise required to collect such information under the laws of the ROC, the TINs or date of birth is not required to be reported as set forth in subparagraph 1 of the preceding paragraph. However, once such Preexisting Account is identified as a Reportable Account, a Reporting Financial Institution is required to use reasonable efforts to obtain the TINs and date of birth of such Account Holder by the end of the second calendar year following the year in which such account was identified.
2. In the case that a Foreign Account is not a Reportable Account when a Reporting Financial Institution firstly reviews and identifies in accordance with the provisions of Chapter 3 after the implementation of these Regulations but such Foreign Account becomes a Reportable Account in subsequent years, the preceding subparagraph shall be applied if the Reporting Financial Institution has no TIN or date of birth of such Account Holder and the information is not otherwise required to be collected under the laws of the ROC.
3. If a Reportable Jurisdiction does not issue a TIN or its domestic laws do not require the collection of TINs issued by such Reportable Jurisdiction, a Reporting Financial Institution is not required to report the TINs set forth in subparagraph 1 of the preceding paragraph.
4. The information of the country or jurisdiction and city of birth shall be reported under subparagraph 1 of the preceding paragraph provided that the Reporting Financial Institution is required to obtain and report under the laws of the ROC, and it is available in the electronically searchable data maintained by the Reporting Financial Institution.
Article 51
A Reporting Financial Institution shall, within the period from June 1 to June 30 of each calendar year, report to the tax authorities the information of each Reportable Account and undocumented account in respect of a previous calendar year. If, during the calendar year, the Reporting Financial Institution maintains no aforementioned account, that fact shall be stated. The reporting period for gross proceeds described in item 2 of subparagraph 5 of paragraph 1 of the preceding article shall be announced by the Ministry of Finance.
Where a Reporting Financial Institution affected by a natural disaster, incident, or force majeure fails to report within the reporting period described in the preceding paragraph, the Ministry of Finance may, based on the situation, extend the reporting period and make a public announcement of such extension.
Where a Reporting Financial Institution ceases to exist due to dissolution, abolishment, merger, transfer or other reasons before the beginning of the reporting period described in the two preceding paragraphs, the report of the account information or the statement in accordance with these Regulations may be completed before the beginning of the reporting period.
Article 52
A Reporting Financial Institution may delegate a person to fulfill the due diligence and reporting obligations described in these Regulations.
Article 53
A Financial Institution shall keep relevant records and documentation relied upon for the performance of the procedures of due diligence and reporting in accordance with these Regulations for at least 5 years after complying with the reporting provision of Article 51, or a longer period as otherwise stipulated by other laws.
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