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

Print Time:2024/12/12 07:30
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Chapter Law Content

Chapter 4 Calculation of Tax Computation
Section 2 Special Tax Computation
Article 21
Enterprises engaged in banking, insurance, investment trust, securities, futures, commercial paper and pawnshops shall calculate their business tax based on their sales amount at the tax rate provided in Article 11. However, the business tax for pawnshops may be calculated by the competent authority upon the assessed sales amount.
Article 22
The special food and beverage service enterprises under Article 12 shall compute the amount of their business tax based upon their sales amount at the tax rate provided in said article. However, the competent tax authority may compute the tax amount based upon the assessed sales amount according to its investigation.
Article 23
Consignees of the agricultural wholesale markets, small business entities selling agricultural products, other small business entities, massage enterprises run by visually impaired persons who have duly obtained qualifications to engage in massage operation, and entirely staffed with visually impaired persons to provide massage services, and other business entities exempted by the MOF from reporting their sales amount, shall compute their amount of business tax based upon the amount of sales as assessed by the competent tax authority and at the tax rate provided in Article 13, except in the case that the business entity has applied to calculate the business tax under Section 1 of this chapter and file tax returns in accordance with Article 35.
Article 24
For enterprises engaged in banking, insurance, and trust investment, the sales amount from operations not within the scopes of their exclusively authorized business, as defined in the footnote of "The Table of the Time Limits for Issuing Documentary Evidence of Sales" of this Act, may apply to calculate business tax in accordance with the provisions in Section 1 of this chapter and file tax returns in accordance with the provisions of Article 35.
Where application has been made in accordance with the preceding paragraph and Article 23 to calculate the amount of business tax under Section 1 of this chapter, application may not be made for alteration for three years following approval.
The MOF may gauge the nature and capabilities of small business entities and determine that Section 1 of this chapter shall be applied to calculate business tax and Article 35 shall be applied to file tax returns and pay taxes.
Article 25
When a business entity, whose business tax is assessed as prescribed in Article 23, purchases goods or services for business operation, obtains evidence stating amount of pertinent business tax, and files a return as required, 10% of input tax shall be deducted from the assessed tax amount by the competent tax authority. However, when the assessed tax amount is less than the minimum amount for assessment, this deduction shall not be applicable.
If, as provided in the preceding paragraph, 10% of input tax exceeds the assessed tax amount, the excess may be deductible in the coming period.
Article 26
For consignees of the agricultural wholesale markets or small business entities which sell agricultural products, or other small business entities covered by Article 23 and other business entities exempted by the MOF from filing tax returns, the minimum taxable sales amount shall be prescribed by the MOF.
Article 27
Section 1 of this chapter, with the exception of Article 14; Paragraph 1, Article 15, and the proviso to Paragraph 1, Article 16, applies mutatis mutandis to the tax computation by a business entity under this section.
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