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財政部賦稅署-法規查詢主題專區

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法律與法規命令

Tax Act:
Regulations Governing Application for Exemptoin from Profit-seeking Enterprise Income Tax by Private Institutions Participating in Public Infrastructure Projects
Article 6
Content:
Private institutions selecting to defer the commencement date of the tax exemption period according to Paragraph 2, Article 36 of the Act shall, within the time limit of 4 years from the “year with taxable income”, apply for approval from the Ministry of Finance. No application shall be admissible if submitted beyond the deadline, unless in accordance with the stipulation of Paragraph 3 of this Article:
1. If the application is filed concurrently with the application for exemption from profit-seeking enterprise income tax, the selected commencement date of the tax exemption period and the starting and ending dates of its fiscal year shall be specified in the same application form.
2. If the application is made after the approval of exemption from profit-seeking income tax, a separate application shall be submitted to state the selected commencement date of the tax exemption period and the starting and ending dates of its fiscal year.
A private institution applying for deferment of the commencement date of the tax exemption period shall select a year among the three years immediately following the “year with taxable income” as the commencement year of the tax exemption period. Once selected, no change is permitted unless in accordance with the stipulation of Paragraph 4 of this Article.
For a private institution that has reported no taxable income when filing its profit-seeking enterprise income tax return and afterward the positive taxable income was determined by the tax collection authority, if such institution receives the notice of assessment of profit-seeking enterprise income tax beyond the deadline under Paragraph 1 above, or before the deadline but the remainder of the period of time before the time limit for application is less than three months, such institution shall state the selected commencement date of the tax exemption period and the starting and ending dates of its fiscal year within three months from the day after the date of receiving the notice of assessment and apply for deferment of the commencement date of the tax exemption period with the Ministry of Finance. No application shall be admissible if submitted beyond the deadline. Once approval is granted, no change is permitted unless in accordance with the stipulation of Paragraph 4 of this Article.
Where a private institution is eligible for tax exemption under the preceding article or Paragraph 1, and if in one of its fiscal years, in front of the “year with taxable income”, for which no taxable income was reported by the private institution itself when filing its profit-seeking enterprise income tax return and afterward the positive taxable income was determined by the tax collection authority, that year shall be deemed the new “year with taxable income”. The private institution shall select or re-select one of the following three years after the new “year with taxable income” to be the commencement year at the time of applying for the deferment of the commencement date of the tax exemption period according to Paragraph 2, Article 36 of the Act; the selected year shall not be later than the original selected year.
The application under the preceding paragraph shall be made within three months from the day after the date of receiving the notice of assessment of profit-seeking enterprise income tax. If the private institution fails to comply with the deadline of the application, it shall be eligible for the tax exemption to start from the new “year with taxable income”.
 Update:2018-04-24

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