Income Basic Tax Act Article 16

If income referred to in Subparagraphs 2 to 8 of Paragraph 1 of Article 7 meets one of the following conditions, the income may be excluded from the amount of basic income of a profit-seeking enterprise:1. In the case where an approval of tax exemption has been granted by the MOF by the date when this Act comes into force.2. In the case where an investment plan has been completed or a certificate of completion has been given by the relevant competent authority by the date when this Act comes into force and provided that an approval of tax exemption is granted by the MOF within one year of the date when this Act comes into force.3. In the case where an investment plan has been approved through a letter of approval issued by the relevant competent authority and the implementation of such plan has begun by the date when this Act comes into force and provided that the product or service item described in the plan has not been changed.4. In the case where an investment plan has been approved through a letter of approval issued by the relevant competent authority, and though not yet begun by the date when this Act comes into force, provided that the implementation of such plan begins within one year of the date when this Act comes into force and is completed within three years of the next day of the date when the letter of approval is issued, and the product or service item described in the plan has not been changed.5. In the case where a private institution has entered into an agreement with a competent authority to invest in an infrastructure project by the date when this Act comes into force, provided that the implementation of the project has begun and been completed in accordance with the dates set out in the agreement, and provided that there have been no changes in the investment plan except in circumstances where the change in the content of the agreement is requested by the competent authority.
中文原文 所得基本稅額條例第16條
第七條第一項第二款至第八款規定之所得額,符合下列規定之一者,於計算營利事業基本所得額時,得免予計入:
一、本條例施行前已由財政部核准免稅。
二、本條例施行前已取得中央目的事業主管機關核發完成證明函或已完成投資計畫,並於本條例施行之日起一年內,經財政部核准免稅。
三、本條例施行前已取得中央目的事業主管機關核發之投資計畫核准函,並已開工,且未變更投資計畫之產品或服務項目。
四、本條例施行前已取得中央目的事業主管機關核發之投資計畫核准函,尚未開工,而於本條例施行之日起一年內開工,並於核准函核發之次日起三年內完成投資計畫,且未變更投資計畫之產品或服務項目。
五、本條例施行前民間機構業與主辦機關簽訂公共建設投資契約,並於投資契約約定日期內開工及完工,且未變更投資計畫內容者。
但依主辦機關要求變更投資計畫內容者,不在此限。

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