Income Tax Act Article 108-1

Where a profit-seeking enterprise had failed to file the income tax return for its undistributed surplus earnings before the filing deadline as required by Article 102-2 but subsequently completed the tax filing procedure in accordance with Paragraph 2 of Article 102-3, and the amounts of undistributed surplus earnings and additional income tax payable have been determined by the tax authority through investigation, it shall be levied a delinquent reporting surcharge in an amount equal to ten percent of the amount of additional income tax payable assessed and determined by tax authority. The amount of the delinquent reporting surcharge shall not exceed NT$30,000 but shall not be less than NT$1,500.Where a profit-seeking enterprise further fails to file the tax return within the time limit as prescribed in Paragraph 2 of Article 102-3, and the amounts of undistributed surplus earnings and additional income tax payable have been determined by the tax authority based on the available data, it shall be levied a non-reporting surcharge in an amount equal to twenty percent of the amount of additional income tax payable assessed and determined by tax authority. The amount of the non-reporting surcharge shall not exceed NT$90,000 but shall not be less than NT$4,500.