Tax litigation and remedy

For individual having income sources from Taiwan, the individual is obligated to pay taxes, disregarding citizenship. In addition, depending on whether the individual is considered a resident, the means to fulfill tax obligations and the amount of taxable income vary.

In Taiwan, income tax equation starts with the gross income, less exemption and then the standard or itemized deductions (whichever is greater) and special deductions. The right side of the equation then gives the taxable net income within the tax year for the individual. Progressive tax rate ranging from five to forty percent apply when net income of the equation exceeds net income thresholds. 

At CYW Law Firm, the team aims to assist clients with tax return processes. By reducing their efforts to commute, communicate and research in the presence of COVID, geo, languages and culture barriers, we strive to support our clients’ success in their businesses and works.


How CYW approach tax issues ?


After understanding Tax equation, tax mitigation and saving strategies follow.

They allow any entities and individuals to legally reduce tax obligations. And it is necessary to learn that Taiwan tax systems are imposed by central and local government. The taxes associating with the two authorities are called country and local taxes, whereas in the US they are referred to as federal and state taxes.

The central government derive budgets to support policy execution, infrastructures and defense etc by imposing taxes on individual/corporate incomes, Gift and Inheritance, Sales, Commodity, Tobacco and Alcohol, Securities, Futures and Mining. The Local government on the other hand generate tax revenues by imposing tax on such as, Property and Land, Deed, Amusement, Stamp and Vehicle License.

The main three portion tax revenues, accounting for nearly 70% of all the tax revenues in Taiwan in 2020, are Income, Land, and Sales taxes. From this perspective, tax planning in these categories are expected.
For corporate income tax, businesses have to record correct incomes and maximize the cost, expenses, loss to reduce tax obligations.  The benefit of tax mitigation takes many forms, but the norm is, under the compliance of the regulatory environment, the tax paid later and lower, the better. Clients are advised to avoid double taxation, prepare and preserve vouchers, and take tax credits that apply.

For individual income tax, Tax rate bracket is always a saving strategy. For example, tax rate receiving dividends differs from the rate of selling the investment prior to dividend payout. Also, it is not uncommon that the owner of business intends not to distribute earnings and instead turn them into capital gains to be eligible for different tax rate.
At CYW Law Firm, we work with clients to evaluate the most optimum ways for a dollar of taxable income to better service personal and business needs.

After finishing the tax planning and tax return processes, Tax authority assesses the tax return after submittal. It is necessary to learn that no additional tax can be claimed by the authority a said period of time after the date of tax declaration. Similarly, no additional tax payment can be collected by authority if failing to collect five years after tax notices.  During these years, penalty, deferral of tax obligation payment, restrictions on taxpayer and assets, refunds, investigations and petitions are available measures for authority and taxpayer to take to remedy.

When tax authority discovers discrepancy, they reconcile. That is when a number of actions taxpayers can take to remedy. Taxpayer has the right to do rechecking, administrative appeals and litigations within a period of time after the last day to pay the estimated tax. An upfront payment of the estimated tax is required before taxpayer is able to initiate the remedy processes. Depending on what stage of the remedy processes the cases are at, the authorities receiving and handling the petition request differ, too.

At CYW Law Firm, in addition to tax filing and planning, the team aims to represent our clients in every stage of the remedy processes to supplement the necessary and effective evidences and protect our client’s right to arrive at a final result.