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

Print Time:2024/12/13 19:21
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Chapter Law Content

Title: Income Basic Tax Act CH
Category: Ministry of Finance(財政部)
Chapter 1 General Principles
Article 1
The purposes of this Act are to uphold tax equity, to ensure tax revenue for the country, and to require basic contributions by profit-seeking enterprises and individuals to public finance in regard to their income tax burden.
Article 2
This Act shall apply to all matters concerning the calculation, filing, payment and assessment of the Income Basic Tax. The provisions of the Income Tax Act and those related to tax incentives in other laws shall govern any such matters not provided for in this Act.
Article 3
A profit-seeking enterprise or an individual shall pay income tax in accordance with this Act, with the exception of cases coming under one of the following conditions:
1. A profit-seeking enterprise organized in the form of sole proprietorship or partnership.
2. An educational, cultural, public welfare and charitable organization or institution in accordance with Subparagraph 13 of Paragraph 1 of Article 4 of the Income Tax Act.
3. A consumer cooperative in accordance with Subparagraph 14 of Paragraph 1 of Article 4 of the Income Tax Act.
4. A public utility enterprise owned by governments at various levels in accordance with Subparagraph 19 of Paragraph 1 of Article 4 of the Income Tax Act.
5. 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 in accordance with Paragraph 1, Article 73 of the Income Tax Act.
6. A profit-seeking enterprise filing its income tax return due to liquidation in accordance with Paragraph 2, Article 75 of the Income Tax Act; or a profit-seeking enterprise in the event of bankruptcy in accordance with Paragraph 6 of the same article of the Income Tax Act.
7. A profit-seeking enterprise that, in its annual or final income tax return, does not apply for any investment tax credit in accordance with any law and does not have any income within the scope of any of the subparagraphs of Paragraph 1 of Article 7.
8. An individual who, in his or her annual income tax return, does not apply for any investment tax credits in accordance with any law and does not have any amount within the scope of any of the subparagraphs of Paragraph 1 of Article 12 or Paragraph 1 of Article 12-1.
9. A profit-seeking enterprise whose basic income as calculated in accordance with Paragraph 1, Article 7 is equal to or less than NT$ 500,000.
10. An individual whose total amount of basic income as calculated in accordance with Paragraph 1, Article 12 and Paragraph 1, Article 12-1 is equal to or less than NT$ 6,000,000.
If the consumer price index has increased to reach a figure of 10% or higher compared to the index of the year of the last adjustment, the amount as described in Subparagraph 9 and Subparagraph 10 of the preceding paragraph shall be adjusted accordingly. The adjusted amount shall be calculated in units of NT$ 100,000; an amount less than NT$ 100,000 shall be calculated in units of NT$ 10,000 and then rounded to the nearest NT$ 100,000. The public announcement of the adjustment and consumer price index as indicated above shall be governed by mutatis mutandis Paragraph 4, Article 5 of the Income Tax Act.
Article 4
If the amount of regular income tax for a profit-seeking enterprise or an individual is greater than or equal to the amount of basic tax, the income tax of the current year for the said enterprise or individual shall be calculated in accordance with the Income Tax Act and other relevant laws. If the amount of regular income tax is less than the amount of basic tax, the amount of income tax payable shall include both the amount as calculated in accordance with the Income Tax Act and other relevant laws, and the difference between the amount of basic tax and regular income tax.
The difference calculated in accordance with the preceding paragraph shall not be decreased by any investment tax credit granted under any other laws.
Article 5
In the case that a profit-seeking enterprise or an individual files an income tax return under Paragraph 1, Article 71; Paragraph 1 and Paragraph 2, Article 71-1; Paragraph 2, Article 73; Article 74; or Paragraph 1, Article 75 of the Income Tax Act, it/he/she shall calculate, file and pay income tax in accordance with this Act.
In the case that an individual is exempted from filing his or her annual income tax return in accordance with Paragraph 3, Article 71 of the Income Tax Act, he or she shall still calculate, file and pay income tax in accordance with this Act under the condition that his or her basic income exceeds the amount calculated in accordance with Subparagraph 10 of Paragraph 1 of Article 3.
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