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Common FAQ for Profit-seeking Enterprise Income Tax in Taiwan (11)

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Q:
What kind of certificate to present as declare the overtime pay for profit-seeking enterprises in Taiwan? If failed to present, how to deal with this condition?
A:
In the demand of business, the overtime pay shall be paid and the extra working hours shall be recorded for profit-seeking enterprises to recognize. If the record of extra working hours fails to present or exceeds the standard hours enacted at the article 32 in Labor Standard Act, the overtime pay shall be listed into expenses of salary jointly and combined with the other items of deduction of income from salaries of such employee by laws.

Q:
What are the points shall be aware of in declaration of rental expenses for profit-seeking enterprises in Taiwan?
A:
  1. The rental expenses shall be paid pursuant to the contract. The extra amount of expenses shall not be recognized.
  2. To pay the rentals in physical items, such items shall be computed with the market price at that place. However, if there is special condition regulated in the contract, such contract is prevalent.
  3. In the condition of any debt, taxes, or expenses paid by the lessee on behalf of landlord, such expenses shall be recognized as rental expenses. However, if the property was claimed by lessee in loans, the expenses of repairment, maintenance, issuance, taxation and other related expenses shall be listed clearly and exempted form the income of rental to landlord.
  4. Lessee who failed to withhold income tax by laws shall pay the overdues and re-declare the filing of withholding tax statement as well as face the penalty by laws. The practical amount of payment shall be approved and verified in accordance with this article. In the circumstance that the lessee would like to proceed any payment on behalf of landlord to offset the rentals, the landlord shall declare it with the income tax at that year jointly.
  5. The aforementioned rentals which has already been declared as the rental income at that year is discovered by Revenue Service Office. The amount of deductible taxes can be exempted to recover, but the landlord shall be punished by laws.
  6. For any computation and adjustment made in accordance with the category 4 and 5 of item 1 at the article 14 in Income Tax Act, the part of adjustment and computation shall not be listed as rental expenses by the borrower or lessee.
  7. The security deposit for rental of property which the landlord computes the income in the basis of month or year shall be listed as rental expenses and income of interest for the lessee as well as be listed as rental income and expenses of interest for the landlord.

Q:
What are the things shall be aware of in the declaration of stationary for profit-seeking enterprise in Taiwan?
A:
The valid certificate of expenses of stationary is uniform invoice. For those small-scale profit-seeking enterprises which is approved to issue receipts instead of uniform invoice, the receipts shall be prevalent. The purchased stationary at that year without consummation shall be listed into the inventory goods.

Q:
What is the standard to recognize the boarding and lodging expenses of employees in the domestic business trip for profit-seeking enterprise in Taiwan?
A: Apart from the uniform invoice of lodging expenses required to present the uniform invoice which stated the name of hotel, the recognized proofs of boarding and lodging expenses of employees in the domestic business trip for profit-seeking enterprise are ordinary and collected and transferred receipts or details of fee payment. The boarding and lodging expense are not allowed to exceed the following criteria. The exceeding amount of expense shall be attribute to the salary income of employees and be declared with the form to Revenue Service Office pursuant to the item 3 at article 3rd in Income Tax Act.
  1. The amount of boarding and lodging expenses of chairman of directors, president, manager, factory manager is TWD700 per day/ per person.
  2. The amount of boarding and lodging expenses of other employees is TWD600 per day/ per person.

Q:
What is the standard to recognize the boarding and lodging expenses of employees in the foreign business trip for profit-seeking enterprise in Taiwan?
A:
1. The amount of daily expenses of foreign business trip for profit seeking enterprises shall be recognized as the statement of daily expenses of officials on foreign business trip to each country by assignment of each competent authority pursuant to “Directions for the Overseas Travel Allowance Disbursement”. However, in the circumstance of profit-seeking enterprises with their own policy to recognize the lodging expenses, such expense is allowed to recognize by parts. Instead, boarding and other disbursement shall be listed with the half amount of abovementioned criteria.
2. For employees on business trip to China, the amount of daily expenses of business trip to China for profit seeking enterprises shall be recognized as the statement of daily expenses of officials on business trip to China by assignment of each competent authority pursuant to “Directions for the Overseas Travel Allowance Disbursement”.


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