A new revision of the Value-added and Non-value - added
Business Tax Act, passed by the
Legislative Yuan on January 10, lowers the business tax on
services for branches of foreign companies with no fixed place
of business in Taiwan from 5% to 3%.
Under the original rules, foreign
enterprises, government agencies, organizations, or associations
that have no fixed place of business in Taiwan and that
sell financial services to domestic
buyers are subject to a business tax of 5%, with the
exception of foreign insurance firms whose income from
reinsurance services is taxed at a rate of 1%.
The Ministry of Finance (MOF) notes that the new rate of 3%
provides an appropriate balance of tax burden between domestic
and overseas financial businesses, and will thus stimulate the
development of international financial trading.
The revision also demarcates the
scope of “bonded area,” “bonded area business,”
and “tax area business,” and stipulates that bonded goods
entering a bonded area from
overseas are not included within the scope of
“imported goods.” In addition, bonded area businesses that
sell goods to tax area businesses for direct export, or for
storage in a designated bonded area for later export, without
being shipped into a tax area, will be subject to a
business tax rate of zero.
The MOF also points out that in the future, the frequent
practice of commercial outlets offering
goods or services at the untaxed price to customers who want to
save the 5% value-added tax and are willing to waive an official
invoice will be significantly corrected. Under the revised law,
businesses that fail to include the 5% VAT into the retail price
of products or services, and that fail to correct their behavior
upon notification, will be fined.
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