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Definition of Tobacco and Alcohol Tax

Answer
Q:
What is tobacco and alcohol tax?
A:
Tobacco and alcohol tax is a special consumption tax. It is a tax levied on the two products of "tobacco" and "alcohol" produced in China or imported from abroad when they leave the factory or when they are imported.

Q:
What is the definition of "tobacco" and "alcohol" in the Tobacco and Alcohol Tax Law?
A:
Tobacco: Refers to finished products that are wholly or partially made of tobacco or its substitutes as raw materials and can be smoked, chewed, swallowed, smelled or used in other ways. According to the definition above, only "tobacco products" are taxed, and raw materials such as tobacco and smoked tobacco leaves are not taxed.
Liquor: Refers to beverages containing alcohol content exceeding 0.5% by volume, other undenatured alcohol and other products that can be used to manufacture or mix the above-mentioned beverages. However, it does not include the proviso of Article 4, Paragraph 1 of the Tobacco and Alcohol Control Act, and alcoholic preparations recognized as drugs by the central competent health authority in accordance with relevant laws or regulations. According to the above definition, in addition to taxing "alcohol products", tax is also taxed on "undenatured alcohol", but the alcohol that has been denatured is not taxed.

Q:
Who is the taxpayer of tobacco and alcohol tax?
A:
Taxpayers of tobacco and alcohol tax can be divided into the following five situations:
  1. For domestically produced tobacco and alcohol, the taxpayer shall be the manufacturer.
  2. For the tobacco and alcohol produced by entrustment, the taxpayer shall be the entrusted manufacturer. However, if the entrusted manufacturer is a manufacturer of taxable tobacco and alcohol, it may apply to the competent tax authority for the entrusted manufacturer to be the taxpayer.
  3. For tobacco and alcohol imported from abroad, the taxpayer is the consignee, the bill of lading or the holder of the goods.
  4. When courts and other agencies auction tobacco and alcohol that has not yet been taxed, the taxpayer shall be the auctioneer.
  5. If the duty-free tobacco and alcohol are not in compliance with the tax exemption regulations due to transfer or diversion, the taxpayer shall be the person who transferred or diverted or the holder of the goods.

Q:
How should tobacco and alcohol manufacturers declare and pay tobacco and alcohol taxes?
A: The tax payable for the production of tobacco and alcohol produced by the manufacturer in the current month shall be paid to the public treasury before the 15th of the next month, and the tax calculation declaration form shall be filled out in accordance with the format stipulated by the Ministry of Finance, and the following forms shall be submitted to the local tax collection Agency declaration:
  1. Proof of payment certificate.
  2. The monthly report of production and sales and the detailed list of ex-factory of duty-free tobacco and alcohol.
  3. A monthly report on the use of purchased tax-free raw materials.
  4. A monthly report on the use of delivery notes from the factory.
  5. Monthly report on entry and exit of tax-free warehouses
  6. Other forms prescribed by the Ministry of Finance.
Those who have no tax payable shall still report to the local tax collection agency.
Tobacco product manufacturers should declare and pay tobacco product health welfare donations to the competent tax collection agency at the same time when declaring tobacco tax.

Q:
What are the accounting books that tobacco and alcohol manufacturers should set up?
A: In addition to setting up and keeping account books and vouchers and accounting records in accordance with the "Accounting Books and Vouchers for Profit-seeking Enterprises Management Measures by Tax Collection Organs", tobacco and alcohol manufacturers should also set up detailed ledgers for raw materials, detailed ledgers for finished products, and warehousing. Registration book, export tax-exempt registration book, return factory arrangement and modification and restructuring registration book, purchase duty-free raw material registration book, packaging and container use registration book, and factory delivery note. If the original account books and certificates set up by the manufacturer have the nature and function of the various account books and certificates in the preceding paragraph, a comparison table may be prepared and submitted to the local taxation agency for approval to continue to use or to increase or decrease as appropriate.

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