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FAQ for the Taiwan Business Tax (8)

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Q:
The Taiwan business person sells (provides) the goods or services that subject to zero tax rate, is that the Taiwan business person still applicable to zero tax rate if they issue an invoice after the prescribed time?
A:
The business person that provides the goods or services that apply to zero tax rate, they are exempt of issuing uniform invoice if they are exporting goods, providing services relating to export or services provided in Taiwan but used in a foreign country, the goods or services sold to a bonded zone business entity for its operational use and the goods sold by a bonded zone business entity to a taxable zone business entity and exported directly without being transported to the taxable zone. If they issue an invoice after the prescribed time, they are applicable to zero tax rate if they are having the supporting documents stated in the Article No. 11 of the Enforcement Rules of Value-added and Non-value-added Business Tax Act and the List of Sales for Goods and Services Sold by a Business Entity at Zero-tax-rate. If there is issuing of the uniform invoice after prescribed time and does not involve in the tax evasion, or voluntarily files a supplementary tax declaration before being informing or discovering day, the penalty to the Taiwan business person may be lifted in accordance with the Article No. 44 of the Tax Collection Act.

Q:
The commission income from the triangular trade in Taiwan is applicable for zero tax rate, what is the supporting document required?
A:
Taiwan business person accept the orders of foreign clients, import goods from third party supplier, handle the triangular trade between transshipment and foreign clients, the business person will charge the difference of receipt of the letter of credit, counted as the commission or service fees and it is applicable to zero tax rate. For the supporting documents, the business person shall attach the certificate of import and export settlement and a copy of the letter of credit, declare to the competent authority and apply for the zero tax rate.

Q:
Is that the income from the Industry-academia Cooperation in Taiwan exempt from Taiwan business tax?
A:
According to the Article No.3 of the Regulation of Industry-academia Cooperation for the college above school which implemented by the Ministry of Education, the Industry-academia Cooperation in Taiwan could exempt business tax according to the following regulations:
1.
Income from research, testing and technical services, unless matching with the school, institutions, or organizations that accepting the research projects that consigned by government, clearly states the research results belong to the government department or sharing with the government department, the consigned research fees could exempt of business tax in accordance with the official document No. 09900331970 issued by Ministry of Finance on 23 November 2010, else it shall subject to business tax.
2. Income derived from the material exchange, consultation, application of patents and innovation shall subject to the Taiwan business tax.
3. Income derived from the transfer of technology and the rights of intellectual property shall subject to the Taiwan business tax since 1 January 2019.
4. Various cultivation of talents, fees collected from the trainees, exempt of Taiwan business tax in accordance with the Subparagraph 5, Paragraph 1, Article No. 8 of the Value-added and Non-value-added Business Tax Act.

Q:
Should the educational services such as the tuition center registered in Taiwan subject to Taiwan business tax?
A:
The tuition center that registered under the Ministry of Education, providing the educational services, could exempt from business tax in accordance with Subparagraph 5, Paragraph 1, Article No. 8 of the Value-added and Non-value-added Business Tax Act. However, the input tax paid for the purchasing of goods is not refundable.

Q:
Should the sales of newspapers or magazines subject to Taiwan business tax?
A:
Taiwan business person sells the Taiwan newspapers (newsletter), magazines (periodical magazines and journals), imported newspapers (newsletter), imported magazines (periodical magazines and journals) that authorized by the Taiwan competent authority, could exempt from Taiwan business tax.

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