The Regulations Governing Application of Investment Tax Credits to Private Institutions Participating in Public Infrastructure Projects Article 13

The following rules shall apply to a private institution whose investment concession agreement was terminated by the authority in charge due to the stipulation of Articles 52 or 53 of the Act:1.If the private institution is not responsible for the termination of the concession agreement, the profit-seeking enterprise income tax credits under these Regulations not yet credited shall be inapplicable.2.If the private institution is responsible for the termination of the concession agreement, not only shall the profit-seeking enterprise income tax credits under these Regulations not yet credited become inapplicable, but also, with respect to such credit against profit-seeking enterprise income tax as may have already been credited under these Regulations, the institution concerned shall pay to the tax collection authority the credited profit-seeking enterprise income tax, 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.After completing the total investments of a major infrastructure project, a private institution which was 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 credited profit-seeking enterprise income tax, 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 recognize 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 together with the copy of approved investment tax credit document copy.