Income Tax Act Article 125-1
A worker who was employed by an employer to do work, received wages and paid taxes on the pension, retirement pay, severance pay, and old-age pension not covered by insurance benefits received by him/her after Aug 1, 1984 and before amendment and implementation of this Act, may apply for a refund of overpaid tax within five years after amendment and implementation of this Act and shall not apply for such refund again if he/she failed to apply for it within the time limit. The refundable amount of tax approved by the concerned tax authority shall be refunded together with interest accrued thereon calculated on a daily basis for the period from the date of payment thereof by the taxpayer to the date of issuance of a national treasury check for the refunded amount at the fixed interest rate of postal savings for a one-year time deposit on the day when the refundable amount was paid.A tax refund based on provisions in the preceding paragraph that is paid within five years before amendment and implementation of this Act shall be applied for by the taxpayer concerned; however, if said five-year period is exceeded, the taxpayer shall submit concrete supporting evidence when filing an application.
中文原文 所得稅法第125-1條
受雇主僱用從事工作獲致工資之勞工,於中華民國七十三年八月一日以後至本法修正施行之前領取撫卹金、退休金、資遣費及非屬保險給付之養老金,原已繳納稅款者,得於本法修正施行後,五年內提出申請發還溢繳之稅款;逾期未申請者,不得再行申請。
經稽徵機關核定應發還之稅款,應自納稅義務人繳納該項稅款之日起,至填發國庫支票之日止,按發還稅額,依繳納稅款之日郵政儲金一年期定期儲金固定利率,按日加計利息,一併發還。
依前項規定申請發還原已繳納之稅款,其於本法修正施行前未逾五年期限案件,應由納稅義務人提出申請;已逾五年期限案件,應由納稅義務人提出具體證明申請。
經稽徵機關核定應發還之稅款,應自納稅義務人繳納該項稅款之日起,至填發國庫支票之日止,按發還稅額,依繳納稅款之日郵政儲金一年期定期儲金固定利率,按日加計利息,一併發還。
依前項規定申請發還原已繳納之稅款,其於本法修正施行前未逾五年期限案件,應由納稅義務人提出申請;已逾五年期限案件,應由納稅義務人提出具體證明申請。