Regulations Governing Application for Exemption from Profit-seeking Enterprise Income Tax by Private Institutions Participating in Public Infrastructure Projects Article 9

The following rules shall apply to a private institution whose investment concession agreement was terminated by the authority-in-charge under the stipulations of Articles 52 or 53 of the Act:1. If the private institution is not responsible for the termination of the concession agreement, the remaining years that the private institution is exempted from the profit-seeking enterprise income tax under these Regulations which has not yet been determined by the tax collection authority, the tax exemption of those years shall no-longer be applicable.2. If the private institution is responsible for the termination of the concession agreement, not only shall the remaining years that the private institution is exempted from the profit-seeking enterprise income tax under these Regulations which has not yet been determined by the tax collection authority no-longer be applicable, but also, with respect to such profit-seeking enterprise income tax exemption as may have already been exempted under these Regulations, the institution concerned shall pay to the tax collection authority the exempted profit-seeking enterprise income tax payable, plus interest to be calculated on a daily basis at the fixed interest rate of postal savings for a one-year time deposit from the date after the deadline for filing the tax return for the current year to the date of supplemental payment of such tax.A private institution which is exempted from profit-seeking enterprise income tax under the stipulation of Article 36 of the Act, and afterward recognized by the authority-in-charge as not complying with the terms of the scope of the major infrastructure projects specified in Paragraph 2 of Article 3 of the Act, shall pay to the tax collection authority the full amount of the profit-seeking enterprise income tax payable which has already been exempted, plus interest to be calculated on a daily basis at the fixed interest rate of postal savings for a one-year time deposit from the date after the deadline for filing the tax return for the current year to the date of supplemental payment of such tax.If the authority-in-charge of the major infrastructure projects terminates the concession agreement under Paragraph 1, or recognizes the total investment of the major infrastructure project as not complying with the terms of the scope of the major infrastructure projects under Paragraph 2 of Article 3 of the Act, it shall notify immediately the tax collection authority where the private institution is located, stating the fact and criteria of evidence.