Where a foreign profit-seeking enterprise selects to be eligible for Article 43-4 of the subject Regulations starting from its filing date, but as of its filing date fails to file for provisional payment, tax return, undistributed earnings, and the income basic tax, and fails to settle the tax payment within the prescribed time limit under the Income Tax Act and the Income Basic Tax Act, the responsible person shall file a tax return and settle the tax payment within one month starting from the date following the registration date. If it has subsequently filed a tax return and settled the tax payment within the prescribed time limit, it may be exempt from any delinquent interest or fines for delinquent reporting, non-reporting, and delinquent tax payment under the Income Tax Act; if it has subsequently failed to file a tax return and settle the tax payment within the prescribed time limit, it shall be liable for any delinquent interest or fines for delinquent reporting, non-reporting, and delinquent tax payment.
Where, as of its registration date, the foreign profit-seeking enterprise has failed to withhold income tax from various income payments, to submit and to issue the relevant certificates in accordance with the Income Tax Act, the tax withholder or payer shall, within one month starting from the date following the registration date, settle the unpaid or underpaid tax, submit the withholding (exemption) certificates, dividend vouchers and relevant certificates to the tax authorities, and issue them to the taxpayer. If it has subsequently withheld, submitted and issued certificates within the prescribed time limit, it may be exempt from penalties under the Income Tax Act; if it has subsequently failed to withhold, submit, and issue certificates within the prescribed time limit, it shall be liable for the penalties under the Income Tax Act.
The tax payment to be settled within the prescribed time limit in the preceding two paragraphs shall be subject to the interest surcharge under Paragraph 3, Article 48-1 of the Tax Collection Act, until the payment is settled.