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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:
The Management, Utilization, and Taxation of Repatriated Offshore Funds Act
Article 3
Content:
The definitions of the terms as used in this Act are as follows:
1.“Individual” shall mean a natural person.
2.“Profit-seeking Enterprise” shall mean enterprises operated by public, private, or joint public and private interests and having a business name or place and organized in the form of company or in any other form of juristic person organization.
3.“Offshore Funds” shall mean the funds from countries or jurisdictions outside Taiwan, Penghu, Kinmen, and Matsu.
4.“Investment Income Derived from an Offshore Invested Enterprise” shall mean the investment income distributed by an invested enterprise over which a profit-seeking enterprise has the controlling power or a significant influence and which is in countries or jurisdictions outside Taiwan, Penghu, Kinmen, and Matsu.
5.“Account-Handling Bank” shall mean a bank that signs a contract with an individual or a profit-seeking enterprise to accept the opening of a segregated foreign exchange deposit account for offshore funds.
6.“Segregated Foreign Exchange Deposit Account for Offshore Funds”(hereinafter referred to as "segregated foreign exchange deposit account") shall mean a foreign exchange deposit account opened by an individual or a profit-seeking enterprise with the bank mentioned in the preceding Subparagraph, which is used solely for the purpose of depositing the funds repatriated in accordance with this Act.
7.“Segregated Trust Account” shall mean an account opened by an individual or a profit-seeking enterprise that signs a trust contract with the same account-handling bank which accepts the opening of the segregated foreign exchange deposit account or with a securities dealer that opens a segregated trust property deposit account with the aforementioned same bank, and to which the repatriated funds are entrusted.
8.“Segregated Securities Discretionary Account” shall mean a segregated investment account opened by the full fiduciary custodian institution for the funds delivered by a mandate or transferred under a trust according to the discretionary investment services contract that an individual or a profit-seeking enterprise signs with a financial institution approved by the Financial Supervisory Commission (hereinafter referred to as “FSC”) whereby such financial institution operates discretionary investment business. The aforementioned full fiduciary custodian institution shall be the same account-handling bank that accepts the opening of the segregated foreign exchange deposit account.

Criteria whereby a profit-seeking enterprise has the controlling power or a significant influence as referred to in Subparagraph 4 of the proceeding Paragraph and other related matters shall be prescribed by the competent authority.
 Update:2019-09-20

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