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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:
Enforcement Rules of the Income Basic Tax Act
Article 6
With respect to the securities transaction income received by a profit- seeking enterprise from the selling of the shares (stocks) of companies  not listed on the Taiwan Stock Exchange (TSE), and/or not traded through  Over-the-Counter (“OTC”) securities market, and/or the shares (stocks) of  emerging companies traded through Over-the-Counter (“OTC”) securities  market pursuant to Subparagraph 1, Paragraph 1, Article 7 of the Act, if  the selling price thereof is obviously lower than the current price of  such stocks at the time of transaction, the current price shall be taken  as the selling price of such stocks, unless a due cause and the  evidentiary document/certificate of such low selling price have been  submitted by the said profit-seeking enterprise and have been duly  verified by the competent authority concerned.

The current price referred to in the preceding paragraph shall be  determined by making reference to the transaction prices of such stocks  sold at the same time and to a corresponding number of such stocks; but  if such reference transaction price is not available, then the net value  of each share as calculated based on the net assets value of the issuing  company on the transaction day shall be taken as the current price of  such stocks.

The same period as set forth in the preceding paragraph shall refer to  the period of 30 days prior to the transaction date of such stocks; and  the corresponding numbers of stocks sold shall be ranging from 50 percent  to 150 percent of the total number of such stocks actually sold. When  there is more than one reference for current price(s), the average amount  of such current price(s) shall be adopted.
Visitor:1  Update:2018-04-23

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