Corporate - Significant developments

Last reviewed - 11 March 2022

Anti-tax avoidance rules

The Income Tax Act was amended in July 2016 to include anti-tax avoidance rules in Article 43-3 (Controlled Foreign Company [CFC]) and Article 43-4 (Place of Effective Management [PEM]) of the Income Tax Act.

In general, profits retained at the CFC level, which is located in a low tax rate jurisdiction and without commercial substance, will be taxed in advance at the Taiwan parent company level. In the past, taxation of foreign investment income was deferred until the Taiwan parent company received dividend income. Going forward, qualified investment income will be deemed distributed and taxable in Taiwan in advance. The Regulations Governing Controlled Foreign Companies were announced by the Ministry of Finance (MoF) on 31 May 2017. On January 14, 2022, the Executive Yuan announced that the CFC Rules will come into force from January 1, 2023.

For PEM rules, under this new tax regime, if a foreign company meets all three criteria triggering the PEM definition, including (i) decision making location, (ii) record keeping and maintenance location, and (iii) actual operating location are all in Taiwan, the foreign enterprise will be deemed as having its head office in Taiwan and will be subject to tax assessment in accordance with the Taiwan Income Tax Act and other tax regulations. The Regulations Governing Places of Effective Management were announced by the Ministry of Finance in May 2017. However, the PEM taxation mechanisms have yet to take effect. 

Resume taxation on capital gain derived by resident individuals from disposal of shares in non-listed or non-OTC companies effective January 1, 2021 

The Legislative Yuan passed amendments to Articles 12 & 18 of the Income Basic Tax (“IBT”) Act effective January 1, 2021, to resume taxation of capital gain derived by resident individuals from disposal of shares in non-listed or non-OTC companies (including certificate of entitlement to new shares, payment certificate for share consideration, or document of title to shares, etc.), which shall be included in the IBT tax base and subject to IBT.
However, to foster the development of innovative startup companies and industrial transformation, disposal of shares in domestic high-risk innovative startup companies which have been established for no more than 5 years may be exempt from the aforementioned regulation, subject to approval from the central competent authority.

Joint Property Tax System 2.0 is effective from July 1, 2021 onwards

Building and land acquired post January 1, 2016 and sold after July 1, 2021 will be subject to tax rate stipulated under Joint Property Tax System 2.0.

New income tax system for provision of cross-border electronic services after 1 January 2017

A new tax system has been implemented to address income tax treatment of remuneration derived by foreign enterprises from provision of cross-border electronic services to Taiwanese consumers (including individuals and profit-seeking enterprises and organisations). This new tax system provides rules governing determination of Taiwan-sourced revenues, calculation of taxable income, and methods of taxation, and is effective from 1 January 2017 onwards.

Depending on the business model and situation of the taxpayer, costs/expenses can be deducted and the taxable income can be further reduced via use of a ‘contribution ratio’. Therefore, going forward there may be annual compliance requirements that need to be fulfilled.

Three tier transfer pricing documentation

Starting from 2017, in addition to the already required transfer pricing report, corporations will also need to provide a Master File and a Country-by-Country Reporting (CBCR) file. See the Group taxation section for more information.

Common Reporting Standard (CRS)

The Tax Collection Act was amended in 2017 to provide a legal basis for adoption of the Organisation for Economic Co-operation and Development's (OECD’s) Common Reporting Standard (CRS) regarding the automatic exchange of information with other tax jurisdictions. Taiwan will implement CRS from 2019, with the first exchange of information in 2020. Also, Taiwan signed, in 2016, an agreement with the United States (US) to allow financial institutions to register with and disclose to the US tax authority under the US Foreign Account Tax Compliance Act (FATCA).

Tax treaties

As of December 31, 2021, Taiwan has concluded 34 effective double taxation agreements (DTAs) with countries around the world, which generally follow the Organization for Economic Co-operation and Development (OECD) Model Tax Convention and cover corporate and individual income tax. It has also concluded 13 international transportation income tax agreements.

Taiwan has also signed a treaty with China; however, this tax treaty has not yet come into effect. 

On November 17, 2021, Taiwan and Korea signed the DTA (“Taiwan-Korea tax treaty”). Once both parties have notified each other on the completion of respective domestic legal procedures, the  Taiwan-Korea tax treaty will become effective starting January 1 of the subsequent year.

Change to the corporate income tax (CIT) rate, profit retention tax rate, and dividend withholding tax (WHT) rate

On 18 January 2018, the Legislative Yuan passed amendments to the Income Tax Act, increasing the CIT rate from the previous 17% to 20% and reducing the profit retention tax on undistributed earnings from the previous 10% to 5% for income earned from taxable year 2018 onwards. For companies having taxable income less than 500,000 new Taiwan dollars (TWD), the CIT rate will increase gradually by 1% per year from 2018 onwards up till 20%.

Further, the dividend WHT rate for foreign shareholders is increased from 20% to 21%. For dividends distributed to foreign shareholders, the profit retention tax on undistributed earnings can no longer be credited against dividend WHT, with the exception of 2018 (i.e. dividends distributed in 2018 can still utilise the tax credit).