Enforcement Rules of the Income Basic Tax Act Article 4

In regard to the condition in terms of “ without having applied the investment credit incentive ” as set forth in Subparagraphs 7 and 8, Paragraph 1, Article 3 of the Act, it shall refer to the case where a profit-seeking enterprise or an individual taxpayer has not made any income tax deduction by applying for the investment credit incentive provided for in the preceding article when calculating the amount of income tax payable by it in the process of preparing its annual account settlement statements and filing its income tax return for the current year, exclusive of the amount of income tax deductible by the said profit- seeking enterprise through application of the provisions of the investment credit incentive under any relevant governing law against the income tax additionally assessed on the undistributed surplus earnings retained in the previous tax year as calculated in accordance with the provisions set out in Article 102-2 of the Income Tax Act.
中文原文 所得基本稅額條例施行細則第4條
本條例第三條第一項第七款、第八款所稱未適用法律規定之投資抵減獎勵,指營利事業或個人於當年度所得稅結算或決算申報計算之應納稅額,未減除前條規定之投資抵減。
不包括營利事業以法律規定之投資抵減,抵減依所得稅法第一百零二條之二規定計算之上一年度未分配盈餘加徵之稅額。

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