The Taipei Representative Office in the United Kingdom and the
British Office Taipei;

Desiring to amend the Agreement between the Taipei
Representative Office in the United Kingdom and the British
Trade and Cultural Office, Taipei, for the avoidance of double
taxation and the prevention of fiscal evasion with respect to
taxes on income and on capital gains, and the Annex thereto,
signed at London on 8 April 2002 (hereinafter referred to as “
the Agreement ” );

Have agreed as follows:

ARTICLE I
The title of the Agreement shall be deleted and replaced by the
following:
AGREEMENT BETWEEN THE TAIPEI REPRESENTATIVE OFFICE IN THE UNITED
KINGDOM AND THE BRITISH OFFICE TAIPEI FOR THE ELIMINATION OF
DOUBLE TAXATION WITH RESPECT TO TAXES ON INCOME AND ON CAPITAL
GAINS AND THE PREVENTION OF TAX EVASION AND AVOIDANCE

ARTICLE II
The preamble of the Agreement shall be deleted and replaced by
the following:
“ The Taipei Representative Office in the United Kingdom and
the British Office Taipei, hereinafter referred to as the TRO
and the BOT;
Desiring to further develop their economic relationship and to
enhance their cooperation in tax matters;
Intending to conclude an Agreement for the elimination of double
taxation with respect to taxes on income and on capital gains
without creating opportunities for non-taxation or reduced
taxation through tax evasion or avoidance (including through
treaty-shopping arrangements aimed at obtaining reliefs provided
in this Agreement for the indirect benefit of residents of third
States);
Have agreed as follows:”

ARTICLE III
The term “ British Trade and Cultural Office, Taipei ” and its
initials “ BTCO ” used in the Agreement shall be replaced by
“ British Office Taipei ” and “ BOT ” respectively. The
British Office Taipei shall fully assume the rights,
responsibilities, and status of the British Trade and Cultural
Office, Taipei.

ARTICLE IV
The term “ United Kingdom Inland Revenue ” used in the
Agreement shall be replaced by “ United Kingdom HM Revenue and
Customs ”.

ARTICLE V
1. The following paragraph (2) shall be inserted in ARTICLE 1
(Persons covered) of the Agreement:
“ For the purposes of this Agreement, income or gains derived
by or through an entity or arrangement that is treated as
wholly or partly fiscally transparent under the tax law of
either territory shall be considered to be income or gains of
a resident of a territory but only to the extent that the
income or gain is treated, for purposes of taxation by that
territory, as the income or gain of a resident of that
territory. ”
2. The following paragraph (3) shall be inserted in ARTICLE 1
(Persons covered) of the Agreement:
“ This Agreement shall not affect the taxation, by a territory,
of its residents except with respect to the benefits granted
under paragraph (2) of Article 9, paragraph (3) of Article 18
and Articles 19, 20, 22, 24 and 25. ”

ARTICLE VI
Paragraph (3)(b) of ARTICLE 2 (Taxes covered) of the Agreement
shall be deleted and replaced by the following:
“ in the territory in which the taxation law administered by
the Taxation Administration, Ministry of Finance, Taipei is
applied:
(i) the profit seeking enterprise income tax;
(ii) the individual consolidated income tax; and
(iii) the income basic tax.”

ARTICLE VII
Paragraph (1)(f)(ii) of ARTICLE 3 (General definitions) of the
Agreement shall be deleted and replaced by the following:
“ in the case of the territory in which the taxation law
administered by the Taxation Administration, Ministry of
Finance, Taipei is applied, the Minister of Finance or his
authorised representative. ”

ARTICLE VIII
Paragraph (4) of ARTICLE 4 (Residence) of the Agreement shall be
deleted and replaced by the following:
“ Where by reason of the provisions of paragraph 1 a person
other than an individual is a resident of both territories,
the competent authorities of the territories shall endeavour
to determine by mutual agreement the territory of which such
person shall be deemed to be a resident for the purposes of
the Agreement, having regard to its place of effective
management, the place where it is incorporated or otherwise
constituted and any other relevant factors. In the absence of
such agreement, such person shall not be entitled to any
relief or exemption from tax provided by this Agreement,
except to the extent and in such manner as may be agreed upon
by the competent authorities of the territories. ”

ARTICLE IX
1. Paragraph (2) of ARTICLE 10 (Dividends) of the Agreement
shall be deleted and replaced by the following:
“ However, such dividends may also be taxed in the territory of
which the company paying the dividends is a resident and
according to the laws of that territory, but if the beneficial
owner of the dividends is a resident of the other territory:
(a) except as provided in sub-paragraph (b), the tax so charged
shall not exceed 10 per cent. of the gross amount of the
dividends;
(b) where dividends are paid out of income (including gains)
derived directly or indirectly from immovable property
within the meaning of Article 6 by an investment vehicle
which distributes most of this income annually and whose
income from such immovable property is exempted from tax,
the tax charged by the territory of which the company paying
the dividends is a resident shall not exceed 15 per cent. of
the gross amount of the dividends other than where the
beneficial owner of the dividends is a pension scheme
established in the other territory, where the exemption
provided in sub-paragraph (a) shall apply.
This paragraph shall not affect the taxation of the company in
respect of the profits out of which the dividends are paid.
The competent authorities of the territories shall by mutual
agreement settle the mode of application of this limitation.
”
2. Paragraph (6) of ARTICLE 10 (Dividends) of the Agreement
shall be deleted.

ARTICLE X
1. Paragraph (4) of ARTICLE 11 (Interest) of the Agreement shall
be deleted and replaced by the following:
“ The provisions of paragraphs (1), (2) and (7) of this
Article shall not apply if the beneficial owner of the
interest, being a resident of a territory, carries on business
in the other territory in which the interest arises, through a
permanent establishment situated therein, or performs in that
other territory independent personal services from a fixed
base situated therein, and the debt-claim in respect of which
the interest is paid is effectively connected with such
permanent establishment or fixed base. In such case, the
provisions of Article 7 or Article 14 of this Agreement, as
the case may be, shall apply. ”
2. Paragraph (7) to (9) of ARTICLE 11 (Interest) of the
Agreement shall be deleted and replaced by the following:
“ (7) Notwithstanding the provisions of paragraph (2) of this
Article, interest arising in a territory shall be exempt from
tax in that territory if:
(a) it is paid to and beneficially owned by the other territory
or a local authority thereof, or any agency or
instrumentality of that other territory or local authority
thereof; or
(b) it is paid in respect of a loan made, guaranteed or insured,
or any other debt-claim or credit guaranteed or insured by
an approved agency or instrumentality of that other
territory.
(8) For the purposes of paragraph (7)(b) of this Article the
term "approved agency or instrumentality" means:
(a) in the case of the territory referred to in paragraph (3)(a)
of Article 2 of this Agreement, the Export Credits Guarantee
Department and such other agencies and instrumentalities of
that territory as may be agreed from time to time between
the competent authorities;
(b) in the case of the territory referred to in paragraph (3)(b)
of Article 2 of this Agreement, such agencies and
instrumentalities of that territory as may be agreed from
time to time between the competent authorities. ”

ARTICLE XI
Paragraph (7) of ARTICLE 12 (Royalties) of the Agreement shall
be deleted.

ARTICLE XII
Paragraph (2) of ARTICLE 13 (Capital gains) of the Agreement
shall be deleted and replaced by the following:
“ Gains derived by a resident of a territory from the
alienation of shares, other than shares in which there is
substantial and regular trading on a Stock Exchange, or
comparable interests, such as interests in a partnership or
trust, deriving more than 50 per cent. of their value directly
or indirectly from immovable property, as defined in Article
6, situated in the other territory may be taxed in that other
territory. ”

ARTICLE XIII
Paragraph (2) of ARTICLE 23 (Limitation of relief) of the
Agreement shall be deleted. The current text of paragraph (3)
shall become paragraph (2).

ARTICLE XIV
Paragraph (4) of ARTICLE 24 (Non-discrimination) of the
Agreement shall be deleted and replaced by the following:
“ Except where the provisions of paragraph (1) of Article 9,
paragraph (5) of Article 11, paragraph (6) of Article 12,
paragraph (4) of Article 21, or Article 27 of this Agreement
apply, interest, royalties and other disbursements paid by an
enterprise of a territory to a resident of the other territory
shall, for the purpose of determining the taxable profits of
such enterprise, be deductible under the same conditions as if
they had been paid to a resident of the first-mentioned
territory. ”

ARTICLE XV
The text of ARTICLE 25 (Mutual agreement procedure) of the
Agreement shall be deleted and replaced by the following:
“(1) Where a person considers that the actions of one or both
of the territories result or will result for him in
taxation not in accordance with the provisions of this
Agreement, he may, irrespective of the remedies provided
by the domestic law of those territories, present his case
to the competent authority of either territory. The case
must be presented within three years from the first
notification of the action resulting in taxation not in
accordance with the provisions of the Agreement.
(2) The competent authority shall endeavour, if the objection
appears to it to be justified and if it is not itself able
to arrive at a satisfactory solution, to resolve the case by
mutual agreement with the competent authority of the other
territory, with a view to the avoidance of taxation which is
not in accordance with this Agreement. Any agreement reached
shall be implemented notwithstanding any time limits in the
domestic law of the territories.
(3) The competent authorities of the territories shall endeavour
to resolve by mutual agreement any difficulties or doubts
arising as to the interpretation or application of this
Agreement. They may also consult together for the
elimination of double taxation in cases not provided for in
the Agreement.
(4) The competent authorities of the territories may communicate
with each other directly for the purpose of reaching an
agreement in the sense of the preceding paragraphs. ”

ARTICLE XVI
The text of ARTICLE 26 (Exchange of information) of the
Agreement shall be deleted and replaced by the following:
“(1) The competent authorities of the territories shall
exchange such information as is foreseeably relevant for
carrying out the provisions of this Agreement or to the
administration or enforcement of domestic laws concerning
taxes of every kind and description imposed on behalf of
the territories, or of their political subdivisions or
local authorities, insofar as the taxation thereunder is
not contrary to the Agreement. The exchange of information
is not restricted by Articles 1 and 2.
(2) Any information received under paragraph (1) by a territory
shall be treated as secret in the same manner as information
obtained under the domestic laws of that territory and shall
be disclosed only to persons or authorities (including
courts and administrative bodies) concerned with the
assessment or collection of, the enforcement or prosecution
in respect of, the determination of appeals in relation to,
the taxes referred to in paragraph (1), or the oversight of
the above. Such persons or authorities shall use the
information only for such purposes. They may disclose the
information in public court proceedings or in judicial
decisions. Notwithstanding the foregoing, information
received by a territory may be used for other purposes when
such information may be used for such other purposes under
the laws of both territories and the competent authority of
the supplying territory authorises such use.
(3) In no case shall the provisions of paragraphs (1) and (2) be
construed so as to impose on a territory the obligation:
(a) to carry out administrative measures at variance with the
laws and administrative practice of that or of the other
territory;
(b) to supply information which is not obtainable under the
laws or in the normal course of the administration of that
or of the other territory; 6
(c) to supply information which would disclose any trade,
business, industrial, commercial or professional secret or
trade process, or information the disclosure of which
would be contrary to public policy.
(4) If information is requested by a territory in accordance
with this Article, the other territory shall use its
information gathering measures to obtain the requested
information, even though that other territory may not need
such information for its own tax purposes. The obligation
contained in the preceding sentence is subject to the
limitations of paragraph (3) but in no case shall such
limitations be construed to permit a territory to decline to
supply information solely because it has no domestic
interest in such information.
(5) In no case shall the provisions of paragraph (3) be
construed to permit a territory to decline to supply
information solely because the information is held by a
bank, other financial institution, nominee or person acting
in an agency or a fiduciary capacity or because it relates
to ownership interests in a person. ”

ARTICLE XVII
The following ARTICLE shall be inserted, and ARTICLE 27 (Entry
into force) and ARTICLE 28 (Termination) of the Agreement shall
become ARTICLE 28 and ARTICLE 29 respectively:
“ARTICLE 27 Entitlement to benefits
(1) Notwithstanding the other provisions of this Agreement, a
benefit under this Agreement shall not be granted in respect
of an item of income or a capital gain if it is reasonable
to conclude, having regard to all relevant facts and
circumstances, that obtaining that benefit was one of the
principal purposes of any arrangement or transaction that
resulted directly or indirectly in that benefit, unless it
is established that granting that benefit in these
circumstances would be in accordance with the object and
purpose of the relevant provisions of this Agreement.
(2) Where a benefit under this Agreement is denied to a person
under paragraph 1, the competent authority of the territory
that would otherwise have granted this benefit shall
nevertheless treat that person as being entitled to this
benefit, or to different benefits with respect to a specific
item of income or a capital gain, if such competent
authority, upon request from that person and after
consideration of the relevant facts and circumstances,
determines that such benefits would have been granted to
that person in the absence of the transaction or arrangement
referred to in paragraph 1. The competent authority of the
territory to which the request has been made will consult
with the competent authority of the other territory before
rejecting a request made under this paragraph by a resident
of that other territory. ”

ARTICLE XVIII
1. The Taipei Representative Office in the United Kingdom and
the British Office Taipei shall each notify to the other the
completion of the procedures required by the law of their
respective territories for the bringing into force of this
Protocol.
2. The Protocol shall enter into force on the date of the later
of these notifications and shall thereupon have effect:
(a) in the territory in which the taxation laws administered by
the Taxation Administration, Ministry of Finance, Taipei are
applied:
(i) in respect of taxes due or withheld at source, on income
payable on or after 1st January of the calendar year next
following the date on which this Protocol enters into
force;
(ii) in respect of other taxes charged, on income of taxable
periods beginning on or after 1st January of the calendar
year next following the date on which this Protocol enters
into force;
(iii) in respect of requests made under Article 26 (Exchange of
information), for information that relates to tax payable
or a taxable year beginning on or after 1st January of
the calendar year next following the date on which this
Protocol enters into force;
(b) in the territory in which the taxation laws administered by
Her Majesty ’ s Revenue and Customs in the United Kingdom
are applied:
(i) in respect of taxes withheld at source, on amounts paid or
credited on or after 1st January of the calendar year next
following the date on which this Protocol enters into
force;
(ii) in respect of income tax and capital gains tax, for any
year of assessment beginning on or after 6th April in the
calendar year next following that in which this Protocol
enters into force;
(iii) in respect of corporation tax, for any financial year
beginning on or after 1st April in the calendar year next
following that in which this Protocol enters into force;
(iv) in respect of requests made under Article 26 (Exchange of
information), for information that relates to any year of
assessment or financial year beginning on or after 1st
April in the calendar year next following that in which
this Protocol enters into force.

ARTICLE XIX
This Protocol, which shall form an integral part of the
Agreement, shall remain in force as long as the Agreement
remains in force and shall apply as long as the Agreement itself
is applicable.


In witness where of the undersigned, duly authorised thereto,
have signed this Protocol.

Done in duplicate at London this 11th day of August 2021 and at
Taipei this 19th day of August 2021 in the Chinese and English
languages, both texts being equally authentic. In the case of
any divergence of meaning between the two texts, the English
text shall prevail.


For the Taipei For the British
Representative Office Taipei
Office in the
United Kingdom
_____________________ ____________________
Wu-Chiao Hsieh John Dennis

Representative, Taipei Representative, British
Representative Office Office Taipei
in the United Kingdom