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Chapter Law Content

Title: Commodity Tax Act CH
Category: Ministry of Finance(財政部)
Chapter 3 Taxable Value
Article 13
Taxable value of a taxable commodity shall include the related packing costs. For domestically produced commodities, the taxable value shall be the manufacturers’ selling price less the commodity tax included in the price.
The taxable value is calculated as follows:
Taxable value = selling price ÷(1+commodity tax rate)
Article 14
The selling price as prescribed in the preceding article pertain to the selling price of the month the commodities are sold to wholesalers; if there are no such wholesalers, the selling price is the price at which the commodities are sold to the retailers after deduction allowed for wholesale profits. Should there be different prices, the weighted average selling price shall be adopted. However, the following prices shall not be included in the calculation of the weighted average selling price when:
1. The price is obviously low without reasonable reason;
2. There is no selling price for the commodities when used for internal purposes or released from the factory.
The wholesale profits as prescribed in the preceding paragraph shall be determined according to the facts by the MOF.
Article 15
In case where the manufacturer produces the taxable commodity under a consignment process contract and where raw materials are provided by the consignor, the selling price shall be the selling price of the consignor and the taxable value shall be calculated in accordance with the preceding two articles.
Article 16
Where the selling price of any taxable commodity is not available for the current month thus the taxable value can not be calculated in accordance with Article 13, the taxable value of such commodity shall be the last or most recent month taxable value. If there was no taxable value last month or in the most recent month, the taxable value shall be the taxable value of most similar commodities. If there is no similar commodities for newly produced products, the taxable value shall be calculated first based on the production cost plus profit and shall be adjusted according to the selling price after the commodity is sold.
Article 17
In case where the competent tax authority, finds that the selling prices and taxable value reported by the manufacturer are not in compliance with Articles 13 to 16, through its investigating process, the competent tax authority shall adjusted the taxable value based on the investigation results or the standards established by the MOF in consultation with the related competent authority.
The standards stated in the preceding paragraph are to be established in all districts by referring to the actual manufactured domestically condition in the market by the MOF in consultation with the related competent authority.
Article 18
For imported taxable commodities, the taxable value is calculated based on the total amount including taxable value for customs duty and customs duty.