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Tax Treaty
 
Guide to ROC's Tax Treaties/English edition
Tax Treaty Policy.
The ROC's general policy toward tax treaties is to avoid double taxation, prevent fiscal evasion and strengthen substantive relations. The tax treaties that the ROC has entered into follow the OECD model and take into consideration matters relating to the political and fiscal status, economics, and trade of the mutual parties.
 
List of Tax Treaties.(For the full texts of treaty provisions please click the respective countries listed below or see List of ROC Double Taxation Agreements)
The ROC's general policy toward tax treaties is to avoid double taxation, prevent fiscal evasion and strengthen substantive relations. The tax treaties that the ROC has entered into follow the OECD model and take into consideration matters relating to the political and fiscal status, economics, and trade of the mutual parties.

As of 31 December, 2008, there are 16 comprehensive income tax treaties and 14 international transportation income tax agreements which have been signed and brought into force. All tax treaties are listed below:

1.Comprehensive income tax treaties which cover all income flows:Australia, Belgium, Denmark, Gambia, Indonesia, Macedonia, Malaysia, the Netherlands, New Zealand, Senegal, Singapore, South Africa, Swaziland, Sweden , Vietnam and UK.

2.International transportation income tax agreements:Canada, the European Union, Germany, Israel, Japan, Korea, Luxembourg, Macau, the Netherlands(Shipping, Air Transport), Norway, Sweden, Thailand and the United States.
 
Dividends, Interest and Royalties. (see List of rates of withholding tax under the respective tax treaties)
The ROC's withholding tax rate on dividends, interest, and royalties payable to a non-resident is 20%, but the dividend withholding rate is 30% for non-resident individuals and 25% for non-resident enterprises for investments not approved under the Statute for Investment by Overseas Chinese or the Statute for Investment by Foreign Nationals. However, with respect to dividends, interest, and royalties, reduced withholding tax rates ranging from 5-15% are provided for by treaty.

Guidelines for the Application of Double Taxation Agreements(see Guidelines for the Application of Double Taxation Agreements).

To improve the effectiveness of tax administration with regard to the double taxation agreements, the MOF issued the Guidelines on 22 February, 2001, No. 0900450628. The Guidelines include detailed guidance for determination of residency status, issuance of Resident Certificate and Income Tax Statement, exclusion of joint filing requirement, application of limited tax rates and tax exemptions, refund of overpaid taxes, reporting of foreign tax credits, and procedures for mutual agreement and exchange of information.
 
Application of Double Taxation Agreements.
For more information on application of Double Taxation Agreements, please consult the tax administration authority-in-charge.
 
Annex:
* List of ROC Double Taxation Agreements.
* List of rates of withholding tax under the respective tax treaties.
* Guidelines for the Application of Double Taxation Agreements.
 
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