Value-added and Non-value-added Business Tax Act Article 43

In any of the following circumstances, the competent tax authority may assess the sales amount and tax payable of a business entity and levy the delinquent tax based on the data obtained from investigation.1. Where the sales amounts have not been reported more than 30 days beyond the prescribed time limit.2. Where accounting records have not been kept or an entry has not been made in accounting records within the deadline prescribed by regulation and there has been a failure to make such entry after notification, or where accounting records have been lost, or where the tax authority is refused to check up on accounting records, or where false statements have been made in accounting records.3. Where business operations have been commenced prior to completion of taxation registration, or where business has been continued after suspension of operation, and sales amounts have not been reported in accordance with regulation.4. Where the sales amounts have not been reported or has been under- reported.5. Where there has been a failure to issue uniform invoices or where the sales amounts shown on the uniform invoices have been understated.6. Where uniform invoices have not been used, although it is required by regulation.Where the sales amounts reported by the business entity are found to be abnormal, the competent tax authority may, by referring to the circumstances of similar business and other related information, determine the sales amount or tax payable and levy the delinquent tax.
中文原文 加值型及非加值型營業稅法第43條
營業人有下列情形之一者,主管稽徵機關得依照查得之資料,核定其銷售額及應納稅額並補徵之:
一、逾規定申報限期三十日,尚未申報銷售額。
二、未設立帳簿、帳簿逾規定期限未記載且經通知補記載仍未記載、遺失帳簿憑證、拒絕稽徵機關調閱帳簿憑證或於帳簿為虛偽不實之記載。
三、未辦妥稅籍登記,即行開始營業,或已申請歇業仍繼續營業,而未依規定申報銷售額。
四、短報、漏報銷售額。
五、漏開統一發票或於統一發票上短開銷售額。
六、經核定應使用統一發票而不使用。
營業人申報之銷售額,顯不正常者,主管稽徵機關,得參照同業情形與有關資料,核定其銷售額或應納稅額並補徵之。

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