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Punishment of Alcohol and Tobacco Tax

Answer
Q:
How does the manufacturer apply for destruction and tax refund of taxed tobacco and alcohol due to deterioration?
A:
If the taxed tobacco and alcohol are damaged due to deterioration or the quality does not meet the standards stipulated by the government, the storage location, processing method and date should be reported to the goods in accordance with the "Key Points for Examining the Destruction of Dutiable Goods or Tobacco and Alcohol by the State Taxation Bureaus of the Ministry of Finance and Regions" After the local tax collection agency applies for dispatching personnel to destroy or return to the furnace, apply to the local tax collection agency or customs where the manufacturer is located for refund of the original tobacco and alcohol tax and tobacco product health and welfare donations.

Q:
If the manufacturer of tobacco and alcohol tax fails to declare or does not declare in accordance with the limit, what are the regulations on late declaration fee and late declaration fee?
A:
  1. The manufacturer has not submitted the declaration form for calculating the tax amount within the period stipulated in Article 12, Item 1 of the Tobacco and Alcohol Tax Law, but has completed the declaration and payment of tobacco within 3 days of receiving the notice from the tax collection agency in accordance with the provisions of Article 14 of the Tobacco and Alcohol Tax Law. Donors of alcohol tax and health welfare of tobacco products, in accordance with Article 17 of the Tobacco and Alcoholic Tax Law, are subject to a 1% late payment fee based on the amount of tobacco and alcohol tax payable and the amount of tobacco product health welfare donations, and the amount shall not exceed TWD100,000 , with a minimum of TWD10,000. For those who do not have the payable amount of tobacco and alcohol tax and the amount of health welfare donation for tobacco products, the delayed declaration fee shall be TWD5,000.
  2. After receiving the supplementary report notice from the taxation agency, the manufacturer fails to declare and pay the tobacco and alcohol tax and tobacco product health welfare donations within the time limit. Welfare donations, plus 2% of the non-reporting fee based on the approved tobacco and alcohol tax and tobacco health welfare donations, the amount shall not exceed TWD200,000, and the minimum shall not be less than TWD20,000. For those who do not have the payable amount of tobacco and alcohol tax and the amount of health welfare donation for tobacco products, the late declaration fee will be TWD10,000.

Q:
What punishment will the taxpayer of tobacco and alcohol tax pay the tax and the health welfare donation of tobacco products after the due date?
A:
Tobacco and alcohol tax taxpayers who pay taxes and health welfare donations of tobacco products overdue shall be charged a late fee of 1% of the overdue amount every 3 days starting from the day after the payment period expires; those who have not paid within 30 days , transferred for enforcement according to law. However, due to force majeure or reasons not attributable to the taxpayer, the tax cannot be paid within the statutory period, within 10 days after the reason disappears, a specific proof can be submitted to the tax collection agency for an extension or installment payment approved , exempt from late payment fees. The above-mentioned tax payable and health welfare donation for tobacco products shall start from the day following the expiration of the overdue period to the day when the taxpayer automatically pays or compulsorily collects and pays. Interest is calculated on a daily basis and collected together

Q:
Those are acts of evading tobacco and alcohol taxes? What will be the punishment?
A: If the taxpayer has one of the following circumstances of evading tobacco and alcohol taxes and health welfare donations for tobacco products, in addition to the supplementary collection of tobacco and alcohol taxes and health welfare donations for tobacco products, a fine of 1 to 3 times the supplementary amount will be imposed :
  1. Manufactures taxable tobacco and alcohol and leaves the factory without registration in accordance with Article 9 of the Tobacco and Alcohol Tax Law.
  2. During the suspension period stipulated in Article 14 of the Tobacco and Alcohol Tax Law, those who produce taxable tobacco and alcohol without permission and leave the factory.
  3. Tobacco and alcohol imported from abroad, who have not declared and paid tobacco and alcohol taxes and health welfare donations for tobacco products.
  4. Duty-free tobacco and alcohol are sold or used for other purposes without the payment of tobacco and alcohol taxes and health welfare donations for tobacco products.
  5. The quantity of raw materials or finished products stored in the factory does not match the accounting statement.
  6. Underreporting or omitting to report the taxable quantity.
  7. False declaration of tobacco and alcohol taxation categories.
  8. Other illegal evasion of tobacco and alcohol taxes or tobacco product health welfare donors.

Q:
What are the violations of tobacco and alcohol tax procedures? What will be the punishment?
A: A tobacco and alcohol tax payer who falls under any of the following circumstances shall be fined TWD10,000 to TWD50,000 and notified to make up or make corrections within the time limit; penalty:
  1. Those who have not applied for registration in accordance with Article 9 or Article 10 of the Tobacco and Alcohol Tax Law.
  2. Failing to report in accordance with the provisions of the Tobacco and Alcohol Tax Collection Rules or reporting falsely.
  3. The manufacturer fails to set up or keep account books, vouchers or accounting records in accordance with Article 11 of the Tobacco and Alcohol Tax Law.

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