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Common FAQ for Individual Income Tax in Taiwan 35

Answer
Q:
Does the Taiwanese whose oversea earnings exceed more than 1 million in TWD have to pay the basic tax?
A:
1. It depends on if the individual basic income exceeds than 6.7 million NT dollars or not.
2. To whose individual oversea earnings exceed more than 1 million NT dollars should take other factors into account. Such as the payment incurred upon life insurance and annuity policy, which beneficiary and proposer are not the same person, earnings from private placement of certificate of beneficiary interest of fund, amount of donation in non-cash, net of individual tax income and dividends and earnings in separate taxation. After summing up the abovementioned factors, if the amount does not exceed than 6.7 million NT dollars, the payment of basic tax will not be incurred.

Q:
Is it workable for the oversea tax incurred from oversea income being paid to offset the basic tax in Taiwan fully?
A:
The deductible amount of basic tax with paid oversea tax is limited. Please refer to the way of calculation as following:
The deductible amount with paid oversea tax= (Basic Tax – Tax payable in the individual income tax return form – Tax Payable from dividends and earnings in separate taxation) * sum of oversea earnings/ (Basic Income – Individual Income Tax - dividends and earnings in separate taxation)

Q:
Does the foreign professionals or foreign special professionals have to declare the oversea earnings?
A:
1. Foreign professionals working in Taiwan, who stay at Taiwan in the taxable year more than 183 days, are qualified to define as "Resident of the Republic of China". These residents should fully comply with the basic tax policy to declare their basic income and the amount of oversea earnings should be calculated in the basic income jointly.
2. Foreign special professionals working in Taiwan, who meet the requirements of Article 9 in Act for the Recruitment and Employment of Foreign Professionals and Regulations Governing Reduction and Exemption of Income Tax of Foreign Special Professionals: Within three years starting from the tax year in which said person for the first time meets the conditions of residing in the State for a full 183 days of the year and having salary income of more than 3  million NT dollars, the part of said person’s salary income above 3  million NT dollars in each such tax year in which said person resides in the State for fully 183 days shall be halved in amount in the computation of total income for the assessment of individual income tax liability in that year, shall be exempted the tax incurred from the abovementioned earnings in individual income. Besides, the amount of oversea earnings shall not be listed into basic income as well. Upon the declaration, the said professionals shall provide with Application for Exemption from Income Tax of the Taxable Year for Foreign Special Professionals and related certificates and documents.

Q:
How to calculate the income from the oversea beneficiary interest of fund subscribed by 31/12/2009 redeemed in 2010?
A:
The income should be the number from the redeemed price of oversea beneficiary interest of fund reducing the subscribed price and related processing fees.

Q:
How to calculate the income from oversea listing securities subscribed by 31/12/2009 released in 2010?
A:
The income should be the number from the released price of oversea listing securities reducing the subscribed price and related processing fees.

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