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Taxation Administration,Ministry of Finance,R.O.C.Law Source Retrieving System of Taxation Laws and Regulations


Tax Related Laws & Regulations

Tax Act:
Income Tax Act
Article 17-4
Where the taxpayer, his or her spouse, and dependents donated the non-cash property to the government, national defense, troop cheering, educational, cultural, public welfare, or charitable organizations or associations and claimed the deductible amount of donations in accordance with Subparagraph 2-(2)-(1), Paragraph 1, Article 17 of the Act, the calculation of the amount of donations, unless otherwise provided by law, shall be based on the acquisition cost. However, under any of following three conditions, the tax authority shall determine the amount of the donations in accordance with the approved standards set by the Ministry of Finance:
1.The taxpayer is unable to provide documents proving the acquisition costs of non-cash property;
2.The non-cash property donated is received by way of inheritance or gift;
3.The calculated value of the non-cash property donated is significantly different from the acquisition cost, due to change of depreciation, depletion, market conditions, or other factors.
The standards stated in the proviso of the preceding Paragraph are to be prescribed by the Ministry of Finance in the light of the actual trading activities in the market in the year of donations.
The taxpayer, his or her spouse, and dependents donated non-cash property prior to the implementation of the provisions as amended on 12 July 2016 of the R.O.C. and the cases of taxpayers consolidated income tax on which has not been levied or determined will be subject to the provision of the first Paragraph hereof.

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