營利事業於國際機場園區內之自由貿易港區從事貨物採購輸入儲存或運送免徵營利事業所得稅辦法

These Regulations are enacted in accordance with Paragraph 2 of Article 35 of the International Airport Park Development Act (hereinafter referred to as The Act).

1The terms used in these regulations are defined as follows:

21)Goods: referring to raw materials, materials, semi-finished goods, finished goods, or commodities.

32)Income: referring to income derived from sources in the Republic of China (ROC).

The respective income from sale of goods of a profit-seeking enterprises ,which engages only in preparatory or auxiliary business activities within the territory of the ROC and directs or delegates a Free Trade Zone (FTZ) enterprise in International Airport Park to conduct procurement, importation, storage, or delivery of goods, shall be exempt from profit-seeking enterprise income tax (hereinafter referred to as income tax) starting from the year 2019, if the profit-seeking enterprise has applied for and obtained the approval from the FTZ management authority after Paragraph 1 of Article 35 of the amended Act effective on December 28th, 2018.

1The preparatory or auxiliary business activities of profit-seeking enterprises within the territory of the ROC, specified in the preceding Article, are reviewed in accordance with the following provisions:

21)A profit-seeking enterprise, established or registered under overseas law, is deemed as only undertaking preparatory or auxiliary business activities within the territory of the ROC. However, it is not applicable if the activities reviewed by the FTZ management authority fall under one of the following conditions:

3A.The place of effective management is within the territory of the ROC.

4B.All major business activities take place within the territory of the ROC.

5C.A part of business activities occurs via a fixed place of business within the territory of the ROC, beyond the preparatory or auxiliary nature.

62)A profit-seeking enterprise, established or registered under the laws of the ROC, is deemed as undertaking business activities within the territory of the ROC beyond the preparatory or auxiliary nature. However, if the evidence that the place of effective management is outside the territory of the ROC and the enterprise is not under the conditions prescribed in Items 2 and 3 of the preceding Subparagraph provided by the profit-seeking enterprise are reviewed and proved by the FTZ management authority, it shall not be subject to the former clause.

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1If a profit-seeking enterprise, which qualifies for the preceding Article, directs or delegates a FTZ enterprise to conduct its procurement, importation, storage, or delivery of goods in the FTZ, and meets the following scope, the respective income from the sale of goods shall be exempt from income tax in accordance with Article 3:

21)Procurement:

3A.Refers to the transactions that profit-seeking enterprises purchase goods within the territory of the ROC, store such goods in the FTZ, and sell them to domestic or overseas customers by preforming selling activities overseas, or via either domestic brokers, general commission-charging agents, or other independent agents. However, if the goods are sold to domestic customers, any of the following conditions shall be applied:

41.Domestically purchased goods are derived from importation from other profit-seeking enterprises, stored in the FTZ and are of unchanging nature. However, it is subject to the other profit-seeking enterprise which only engage in preparatory or auxiliary business activities within the territory of the ROC.

52.Domestically purchased goods are produced domestically by other profit-seeking enterprises, sold to the FTZ enterprise for processing, and repurchased by contract with the FTZ enterprise, and then exported.

6B.“Domestic procurement” specified in the preceding Item refers to purchasing the goods from domestic or foreign owners and which are stored in the territory of the ROC.

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1A profit-seeking enterprise eligible for income tax exemption under Article 3 shall fill out the prescribed format, submit the following documents stated below, and apply to the local FTZ management authority for the issuance of a certification letter concerning the undertaking of procurement, importation, storage, or delivery of goods in the FTZ that are within a preparatory or auxiliary nature before the end of the third month of the following fiscal year of the income year. The exemption period is up to 5 years:

21)Proof of registration of the profit-seeking enterprise.

32)A declaration that place of effective management of the profit-seeking enterprise established or registered under the overseas laws is outside the ROC.

43)Proof that place of effective management of the profit-seeking enterprise established or registered under the laws of the ROC is outside the ROC.

54)A proposal from a profit-seeking enterprise for directing or delegating a FTZ enterprise to conduct procurement, importation, storage, or delivery of goods covers the following content:

6A.Basic information of the profit-seeking enterprise, including date of incorporation, amount of capital, chairman, general manager, number of employees, annual turnover, scope of business, location of company and contacts, etc.

7B.Description of the core business activities (including the functions performed, the risks assumed, and the assets used within and outside the territory of the ROC).

1After obtaining the letter of certification in line with Paragraph 1 of the preceding Article, the profit-seeking enterprise shall promptly file its income tax return for the year. At the time of filing, only when applicants fill out the prescribed format and submit the following documents to the local tax collection authority to apply for income tax exemption for the year, the income for the year could be exempted.

21)A copy of the letter of certification for the profit-seeking enterprise which only engages in the preparatory or auxiliary activities within the territory of the ROC and conducts its procurement, importation, storage, or delivery of goods in the FTZ from the FTZ management authority.

32)The table of tax incentives and relevant documents. If applicants delegate a certified public accountant to certify the annual income tax return of a profit-seeking enterprise or apply for exemption from income tax in accordance with Item 1-2 of Subparagraph 1 of Paragraph 1 of Article 5, the former table and documents shall be reviewed by certified public accountants.

4The prescribed format for reporting the foregoing table shall be prescribed by the Ministry of Finance.

5If there is any omission in the information reported by the profit-seeking enterprise in accordance with Paragraph 1, it may be rectified before the expiration of the application period specified in the Income Tax Act; otherwise, it will not be accepted by the tax collection authority.

6Profit-seeking enterprises without a fixed place of business or business agent in the ROC are required to delegate a ROC resident or a profit-seeking enterprise with a fixed place of business in the ROC as an agent approved by the tax collection authority to file and pay taxes.

If the actual transaction of a profit-seeking enterprise, exempted from income tax in accordance with Paragraph 1 of Article 35 of the Act, is found to be inconsistent with Articles 3 to 5, it shall make a payment on the income tax exempted from the income of non-compliance, with interest calculated on a daily basis at the fixed interest rate of postal savings for a one-year time deposit, from the day after the expiration of the annual income tax declaration period to the date of payment.

1Profit-seeking enterprises shall submit the table of incentives for each year to the FTZ management authority within one month after the expiration of the income tax declaration deadline in accordance with Subparagraph 2 of Paragraph 1 of Article 7.

2The FTZ enterprise shall submit performance data delegated by profit-seeking enterprises for each year as mandated under Paragraph 1 of Article 35 of the Act to the FTZ management authority within two months after the expiration of the income tax declaration deadline.

3The FTZ operating organization shall submit the performance data of FTZ for each year as mandated under Paragraph 1 of Article 35 of the Act to the FTZ management authority within two months after the expiration of the income tax declaration deadline.

4Prior to the end of October each year, the FTZ management authority shall prepare and submit an assessment report to the competent authority on the previous one-year income tax reduction/exemption returns for reference based on the three preceding documents received as mandated in Paragraph 1 of Article 35 of the Act. This assessment report shall include the income tax relief amount stated in the Paragraph 1 and performance data stated in the preceding two paragraphs. If the income tax relief amount for the assessment report is inconsistent with the amount approved by the tax collection authority, the FTZ management authority shall revise the assessment report and submit it to the competent authority.

Profit-seeking enterprises which have changed their delegated FTZ enterprises to conduct procurement, importation, storage, or delivery of goods in the FTZ or renewed the delegation contract are required to reapply for the letter of certification as prescribed in Article 6.

Within three years before the expiration of Article 35 tax reduction / exemption measure implementation, the FTZ management authority shall complete and submit an assessment report regarding whether or not said measures should be continued to the competent authority.

Once FTZ enterprises, which do not follow the regulation of Article 9 to submit performance data, do not rectify the matters which should be corrected through the examining of the FTZ management authority within the expiration of notification, the FTZ management authority shall handle the said FTZ enterprises in accordance with Article 9 of Regulations Governing the Operation and Management of Free Trade Zone Enterprises.

1If the profit-seeking enterprise or the FTZ enterprise has one of the following statuses, the FTZ management authority may withdraw or revoke its letter of certification or approval letter and send notification to the competent authority, the Taxation Administration, Ministry of Finance, as well as the local tax collection authority and the jurisdictional customs authorities.

21)If the application or relevant documents for the profit-seeking enterprise in accordance with Articles 6 and 7 is found to be false, the FTZ management authority may withdraw its letter of certification.

32)If the profit-seeking enterprise is found to be inconsistent with Articles 3 to 5, the FTZ management authority may withdraw or revoke its letter of certification.

43)If the profit-seeking enterprise fails to promptly submit the table of incentives in accordance with Paragraph 1 of Article 9, the FTZ management authority may revoke its letter of certification.

5Applicants whose letter of certification or approval letter is withdrawn or revoked by the FTZ management authority in accordance with the preceding paragraph shall make a payment on their exempted income tax, with interest calculated on a daily basis at the fixed interest rate of postal savings for one-year time deposit, from the day after the expiration of the annual income tax declaration period to the date of payment.

The competent authority shall establish and announce the required format(s) for data to be submitted by the FTZ enterprise and the FTZ operating organization in accordance with Article 9.

These Regulations shall come into force from the date of promulgation.