Regulations Governing the Exchange of Tax Information Concerning Agreements on Tax Matters Article 4

When the ROC exercises the exchange of tax information with the other Contracting Party, the following provisions shall be accorded; the ROC shall not process an exchange of information case if the case does not meet one of the following provisions:1. Persons covered: the exchange of information shall be restricted to persons who are residents of the ROC, the other Contracting Party, or both Contracting Parties. Notwithstanding the foregoing, where provisions of the applicable agreement on tax matters provide that such exchange shall not be restricted to persons who are residents as the aforementioned, such provisions shall prevail.2. Taxes covered: the exchange of information shall be restricted to taxes on income imposed by the ROC or the other Contracting Party. Notwithstanding the foregoing, where provisions of the applicable agreement on tax matters provide that such exchange shall not be restricted to taxes on income, such provisions shall prevail.3. Period covered: the exchange of information shall be restricted to tax information belonging to the period commencing from the date of entering the agreement on tax matters into effect specified in the entry into force provision of such agreement and ending before the date of ceasing the agreement on tax matters to have effect specified in the termination provision of such agreement. Notwithstanding the foregoing, where provisions of the applicable agreement on tax matters provide otherwise, such provisions shall prevail. In the case that a specific request is raised by the other Contracting Party, the tax information which the ROC may provide for shall be limited to that which falls within the periods for assessment as specified in paragraph 1 of Article 21 of the Act.
中文原文 租稅協定稅務用途資訊交換作業辦法第4條
我國與締約他方進行稅務用途資訊交換,應符合下列各款規定;其不符合者,應不予辦理:
一、適用之人:以具我國、締約他方或雙方居住者身分之人為限。
但適用之租稅協定規定不以具前述居住者身分之人為限者,從其規定。
二、適用租稅:以我國或締約他方課徵之所得稅為限。
但適用之租稅協定規定不以所得稅為限者,從其規定。
三、適用期間:以租稅協定生效條文規定開始適用日期以後及終止條文規定終止適用日期以前之稅務用途資訊為限。
但租稅協定另有規定者,從其規定。
締約他方提出之個案請求,應以本法第二十一條第一項規定核課期間內之我國稅務用途資訊為限。

English translation for reference only; the Chinese text prevails. Not legal advice.