Chapter 5 Supplementary Provisions
Article 16
If income referred to in Subparagraphs 2 to 8 of Paragraph 1 of Article 7 meets one of the following conditions, the income may be excluded from the amount of basic income of a profit-seeking enterprise:
1. In the case where an approval of tax exemption has been granted by the MOF by the date when this Act comes into force.
2. In the case where an investment plan has been completed or a certificate of completion has been given by the relevant competent authority by the date when this Act comes into force and provided that an approval of tax exemption is granted by the MOF within one year of the date when this Act comes into force.
3. In the case where an investment plan has been approved through a letter of approval issued by the relevant competent authority and the implementation of such plan has begun by the date when this Act comes into force and provided that the product or service item described in the plan has not been changed.
4. In the case where an investment plan has been approved through a letter of approval issued by the relevant competent authority, and though not yet begun by the date when this Act comes into force, provided that the implementation of such plan begins within one year of the date when this Act comes into force and is completed within three years of the next day of the date when the letter of approval is issued, and the product or service item described in the plan has not been changed.
5. In the case where a private institution has entered into an agreement with a competent authority to invest in an infrastructure project by the date when this Act comes into force, provided that the implementation of the project has begun and been completed in accordance with the dates set out in the agreement, and provided that there have been no changes in the investment plan except in circumstances where the change in the content of the agreement is requested by the competent authority.
Article 17
The enforcement rules of this Act shall be prescribed by the MOF.
Article 18
This Act shall come into force on January 1, 2006, except as stipulated otherwise; however, Article 15 shall come into force on January 1, 2007.
The amendments of this Act promulgated on August 8, 2012 shall come into force in fiscal year 2013. The effective date of the amendments promulgated on May 10, 2017 shall be decided by the Executive Yuan. The amendments of this Act on December 30, 2020 shall come into force on January 1, 2021.