Income Tax Act Article 14

The gross amount of consolidated income of an individual shall be the aggregate of the following categories of income for the whole year:Category 1:Income from profit-seeking activities: the dividends received by each shareholder of a company, the earnings received by each member of a cooperative, the earnings received by each investor of other juristic persons and the earnings payable each year to each partner of a profit-seeking partnership, the earnings derived in each year by a sole proprietor from the operation of business, and income from an individual’s incidental trading shall all come under this Category of income.The earnings payable to a partner or the earnings derived by a sole proprietor from the operation of business shall be the assessed amount of the profit-seeking enterprise income.Category 2:Income from professional practice: any income of an individual from professional practice or performances after deduction of the rental for or depreciation of the place of business, depreciation of and repairing expenses for the facilities and equipment required for business, or the cost of medications, supplies, etc. sold to clients, salaries and wages for employees required for business, travelling expenses for practicing the profession and other direct and necessary expenditures, shall be the actual amount of income in this category.Any individual engaged in professional practice shall at least keep a journal as his accounting book to provide detailed entries of all the operating revenues and expenses. For all business expenditures, documents of positive evidence shall be secured. The documents of evidence and account book shall be kept for a period of at least five years. Measures regarding the setting up, acquisition, and maintenance of the documents of evidence and account books and other related matters shall be prescribed by the MOF.Depreciation of buildings, facilities, and equipment used in professional practice shall be calculated in accordance with the Table of Service Life of Fixed Assets. The relevant provisions with respect to profit-seeking enterprise income tax of this Act shall be applicable, mutatis mutandis. Measures regarding the inspection of the documents of evidence, recognition of the revenues and expenses from professional practice and their account books and other related matters shall be prescribed by the MOF.Category 3:Employment Income: any income from salaries and wages of public functionaries, teachers, military personnel, policemen, staff employees and workers of public and private enterprises and any income earned by persons rendering services:1. The amount of employment income shall be all salaries and wages earned for performing duties or doing works after deducting the special deduction for employment income as provided in Item 3-2, Subparagraph 2, Paragraph 1 of Article 17. If the balance is a negative figure, the amount of employment income shall be counted as zero. However, if the total amount of the following necessary expenses, which are directly related to services rendered and paid by the income receiver, exceeds the deduction amount, the income receiver should submit relevant supporting documents so that these necessary expenses can be deducted from salaries and wages, and the amount of income shall be the balance after such a deduction :(1)Vocational clothing expenses: The expenses of purchase, rental, cleaning, and maintenance of special clothing which must be worn for performing an occupation or performance costumes. The annual deduction for each person is limited to 3% of the total salaries and wages in performance of his (her) vocation.(2)Upgrading training expenses: The training expenses of participating in courses at specified institutions for the specific skills or expertise which is required to perform duties, do work or follow legal requirements. The annual deduction for each person is limited to 3% of the total salaries and wages.(3)Vocational tool expenses: The expenses incurred in purchasing books, periodicals, and tools for performing duties or doing work. If the efficiency of vocational tools is not exhausted within two years and the expenditure exceeds a certain amount, such tool shall be depreciated or amortized. The annual deduction for each person is limited to 3% of the total salaries and wages in performance of his (her) vocation.2. The provisions regarding the special deduction for employment income as provided for in Item 3-2, Subparagraph 2, Paragraph 1 of Article 17 shall not apply to the employment income calculated in accordance with the provisions of the preceding subparagraph when calculating the tax payable in accordance with Article 15 and when calculating the net consolidated income in accordance with Article 17.3. The regulations governing the scope, recognition, and documentary evidence of any one of the expenses listed under subparagraph 1, the specified institutions under Item 2, a certain amount and the method, and useful years of depreciation or amortization under Item 3, and other related matters shall be prescribed by the MOF.4. Salaries and wages as provided in subparagraph 1 shall include salaries, stipends, wages, allowances, annuities, cash awards, bonuses and all kinds of subsidies, whereas, the money received for performing duties for the employer as traveling expenditures, daily allowance and overtime pay not in excess of the prescribed amounts and the incomes which are exempt from income tax as prescribed under Article 4 of this Act shall be excluded.5. The lump sum of the voluntary pension contribution and the voluntary annuity insurance premiums according to the Labor Pension Act: up to 6% of an employee's monthly wage or salary may be deducted from the employee's taxable salary or wage in the year concerned; the voluntary annuity insurance premiums made by an employee shall not apply to the insurance premiums deduction under Article 17.Category 4:Income from interest: any income from interest on public debts, corporate bonds, financial, various kinds of short-term commercial papers, deposits and other loans:1. Public debts shall include bonds, treasury notes, securities, and other notes issued by governments of all levels;2. Prize money from raffle-savings in excess of the amount of savings shall be deemed as income from interest on deposits:3. Short-term commercial papers shall include one-year or shorter treasury bonds, transferable time deposit certificates issued by banks, promissory notes and bills of exchange issued by companies and government-owned enterprises, and other short-term certificates of indebtedness approved by the authority in charge of the specific end enterprise.The portion of the pecuniary amount realized by the short-term commercial papers at their maturity in excess of the selling price at their initial issuance shall be deemed as income from interest; such income shall not be added to the gross consolidated income, but withheld in accordance with the provision of Article 88.Category 5:Income from lease and from royalties: any income from lease of property, from utilization of money obtained as the price of a lien on property, or from royalties on patents, registered trademarks, copyrights, secret formulas, and all kinds of franchise made available for use by others:1. The amount of income from the lease of property and from royalties shall be the whole year's income after deduction of necessary losses and expenditures;2. Any income derived from long-lasting tenant right and superficies created for fixed terms shall be deemed as income from lease;3. For money received in the form of rental deposit or in other similar forms for lease of property, and for money received as the price of a lien created on property, to calculate the income from leasing the prevailing bank interest rate for one-year-term deposit shall be used as a basis;4 Income tax on revenue from leases calculated in accordance with the amount of rent prevailing in the locality shall be paid for properties lent to others for use, unless it can be verified that no payment is made and the properties involved are not being used for business or for carrying out professional services;5. The revenue from a lease will be upward adjusted by the tax authority according to the amount of rent prevailing in the locality if the contracted rental rate of the lent properties was obviously too low in comparison with the local prevailing standards.Category 6:Income from independent farming, fishing, animal husbandry, forestry and mining: The amount of income shall be the whole year's income after deduction of necessary expenses.Category 7:Income from property transactions: any income derived from transactions of property and right:1. Where the property or right was originally acquired at a price, the income amount shall be the transaction price after deduction of original cost and all expenses necessary for acquisition, improvement and ownership transfer of that asset;2. Where the property or right was originally acquired through succession or donation, the income amount shall be the transaction price after deduction the prevailing value at time of succession or donation and all expenses necessary for acquisition, improvement and ownership transfer of that property or right;3. One-half of the amount of income of an individual derived from transactions in registered stocks or registered corporate bonds issued by a company limited by shares, or public bonds issued by governments of all levels, or development bonds issued by banks under the approval of government, if the individual has held such stocks or bonds for a period of one year or longer, shall be considered as a part of his income in the taxable year, while the other one-half shall be exempted from income tax.Category 8:Prizes or awards won from skills competitions or by chance: any income derived from prizes or awards in contests or lotteries shall be included in the category:1. All expenses necessary for participating in contests or games are permitted to be deducted;2. All costs necessary for participating in lotteries are permitted to be deducted;3. Prize money from lottery tickets under the auspices of the government, shall be withheld in accordance with the provision of Article 88, and shall not be included in the gross consolidated income.Category 9:Separation income: The retirement pay, severance pay, separation pay, resignation pay, life-time pension , the old-age pension not covered by insurance benefits and the insurance payment made under annuity insurance according to the Labor Pension Act received by a person, but not including the following: receipt of the savings made by said person from taxable income of his or her salary every year; the insurance payment from the voluntary annuity insurance premiums according to the Labor Pension Act every year; and/or the interest accrued from the savings and the premiums.1. If received in one lump sum, the income amount is calculated as follows:(1)If the total amount received in one lump sum is less than NT$150,000 multiplied by the number of service years at the time of separation, the income amount shall be considered zero;(2) If the total amount received in one lump sum is more than NT$ 150,000 multiplied by the number of service years at the time of separation, half of the portion of the amount that is over NT$ 150,000 multiplied by the number of service years at the time of separation but less than NT$ 300,000 multiplied by the number of service years at the time of separation shall be the income amount;(3)The portion of the amount over NT$ 300,000 multiplied by the number of service years shall totally be included in the income amount.The fractional part of the number of service years, if less than 6 months, shall be calculated as half a year and, if over 6 months, as one year.2. If received by installments, the income amount shall be the balance of the total amount of all installments received in one year with the deduction of NT$650,000;3. If a portion of the separation income is received in one lump sum and a portion in installments, the deductible amount mentioned in Item 2 above shall be calculated in proportion to the amounts received in one lump sum and in installments respectively.Category 10:Other income: any income other than the aforesaid after deduction of necessary expenses and costs. However, the reward for information or accusation and income from transactions in structured products between individuals and securities firms or banks shall not be added to the gross consolidated income, but withheld in accordance with the provisions of Article 88.Where any of the aforesaid categories of income are earned in kind, in the form of valuable securities or in foreign currencies, the amount of income shall be computed at the prevailing price or exchange rate prescribed or recognized by the government or in the absence thereof, at the respective actual local value at time of receipt.When an individual earns such as income derived from independent forestry, or remuneration in lump sum distributed after each trip for fishing in the high seas, or income from old age pensions or retirement pensions or alimony paid in lump sum or compensation received for returning leased farm land in accordance with the provision of Article 77 of the Equalization of Land Rights Act, such income is variable income, only half of which should be computed in an individual's gross consolidated income.If the increase of consumer price index accumulates to 3% or more over the figure last adjusted, the amounts stipulated in Category 9 of Paragraph 1 above shall be adjusted accordingly and the adjustment shall be made at the rate of NT$1,000 as a basic unit with the hundreds rounded off if the adjusted amount is less than NT$1,000. As to the method of publication and the consumer price index mentioned above, the provisions in Paragraph 4, Article 5 hereof shall apply mutatis mutandis.
中文原文 所得稅法第14條
個人之綜合所得總額,以其全年下列各類所得合併計算之:第一類:營利所得:公司股東所獲分配之股利、合作社社員所獲分配之盈餘、其他法人出資者所獲分配之盈餘、合夥組織營利事業之合夥人每年度應分配之盈餘、獨資資本主每年自其獨資經營事業所得之盈餘及個人一時貿易之盈餘皆屬之。
合夥人應分配之盈餘或獨資資本主經營獨資事業所得之盈餘,應按核定之營利事業所得額計算之。
第二類:執行業務所得:凡執行業務者之業務或演技收入,減除業務所房租或折舊、業務上使用器材設備之折舊及修理費,或收取代價提供顧客使用之藥品、材料等之成本、業務上雇用人員之薪資、執行業務之旅費及其他直接必要費用後之餘額為所得額。
執行業務者至少應設置日記帳一種,詳細記載其業務收支項目;業務支出,應取得確實憑證。
帳簿及憑證最少應保存五年;帳簿、憑證之設置、取得、保管及其他應遵行事項之辦法,由財政部定之。
執行業務者為執行業務而使用之房屋及器材、設備之折舊,依固定資產耐用年數表之規定。
執行業務費用之列支,準用本法有關營利事業所得稅之規定;其帳簿、憑證之查核、收入與費用之認列及其他應遵行事項之辦法,由財政部定之。
第三類:薪資所得:凡公、教、軍、警、公私事業職工薪資及提供勞務者之所得:
一、薪資所得之計算,以在職務上或工作上取得之各種薪資收入,減除第十七條第一項第二款第三目之2薪資所得特別扣除額後之餘額為所得額,餘額為負數者,以零計算。
但與提供勞務直接相關且由所得人負擔之下列必要費用合計金額超過該扣除額者,得檢附相關證明文件核實自薪資收入中減除該必要費用,以其餘額為所得額:
(一)職業專用服裝費:職業所必需穿著之特殊服裝或表演專用服裝,其購置、租用、清潔及維護費用。
每人全年減除金額以其從事該職業薪資收入總額之百分之三為限。
(二)進修訓練費:參加符合規定之機構開設職務上、工作上或依法令要求所需特定技能或專業知識相關課程之訓練費用。
每人全年減除金額以其薪資收入總額之百分之三為限。
(三)職業上工具支出:購置專供職務上或工作上使用書籍、期刊及工具之支出。
但其效能非二年內所能耗竭且支出超過一定金額者,應逐年攤提折舊或攤銷費用。
每人全年減除金額以其從事該職業薪資收入總額之百分之三為限。
二、依前款規定計算之薪資所得,於依第十五條規定計算稅額及依第十七條規定計算綜合所得淨額時,不適用第十七條第一項第二款第三目之2薪資所得特別扣除之規定。
三、第一款各目費用之適用範圍、認列方式、應檢具之證明文件、第二目符合規定之機構、第三目一定金額及攤提折舊或攤銷費用方法、年限及其他相關事項之辦法,由財政部定之。
四、第一款薪資收入包括:薪金、俸給、工資、津貼、歲費、獎金、紅利及各種補助費。
但為雇主之目的,執行職務而支領之差旅費、日支費及加班費不超過規定標準者,及依第四條規定免稅之項目,不在此限。
五、依勞工退休金條例規定自願提繳之退休金或年金保險費,合計在每月工資百分之六範圍內,不計入提繳年度薪資收入課稅;年金保險費部分,不適用第十七條有關保險費扣除之規定。
第四類:利息所得:凡公債、公司債、金融債券、各種短期票券、存款及其他貸出款項利息之所得:
一、公債包括各級政府發行之債票、庫券、證券及憑券。
二、有獎儲蓄之中獎獎金,超過儲蓄額部分,視為存款利息所得。
三、短期票券指期限在一年期以內之國庫券、可轉讓銀行定期存單、公司與公營事業機構發行之本票或匯票及其他經目的事業主管機關核准之短期債務憑證。
短期票券到期兌償金額超過首次發售價格部分為利息所得,除依第八十八條規定扣繳稅款外,不併計綜合所得總額。
第五類:租賃所得及權利金所得:凡以財產出租之租金所得,財產出典典價經運用之所得或專利權、商標權、著作權、秘密方法及各種特許權利,供他人使用而取得之權利金所得:
一、財產租賃所得及權利金所得之計算,以全年租賃收入或權利金收入,減除必要損耗及費用後之餘額為所得額。
二、設定定期之永佃權及地上權取得之各種所得,視為租賃所得。
三、財產出租,收有押金或任何款項類似押金者,或以財產出典而取得典價者,均應就各該款項按當地銀行業通行之一年期存款利率,計算租賃收入。
四、將財產借與他人使用,除經查明確係無償且非供營業或執行業務者使用外,應參照當地一般租金情況,計算租賃收入,繳納所得稅。
五、財產出租,其約定之租金,顯較當地一般租金為低,稽徵機關得參照當地一般租金調整計算租賃收入。
第六類:自力耕作、漁、牧、林、礦之所得:全年收入減除成本及必要費用後之餘額為所得額。
第七類:財產交易所得:凡財產及權利因交易而取得之所得:
一、財產或權利原為出價取得者,以交易時之成交價額,減除原始取得之成本,及因取得、改良及移轉該項資產而支付之一切費用後之餘額為所得額。
二、財產或權利原為繼承或贈與而取得者,以交易時之成交價額,減除繼承時或受贈與時該項財產或權利之時價及因取得、改良及移轉該項財產或權利而支付之一切費用後之餘額為所得額。
三、個人購買或取得股份有限公司之記名股票或記名公司債、各級政府發行之債券或銀行經政府核准發行之開發債券,持有滿一年以上者,於出售時,得僅以其交易所得之半數作為當年度所得,其餘半數免稅。
第八類:競技、競賽及機會中獎之獎金或給與:凡參加各種競技比賽及各種機會中獎之獎金或給與皆屬之:
一、參加競技、競賽所支付之必要費用,准予減除。
二、參加機會中獎所支付之成本,准予減除。
三、政府舉辦之獎券中獎獎金,除依第八十八條規定扣繳稅款外,不併計綜合所得總額。
第九類:退職所得:凡個人領取之退休金、資遣費、退職金、離職金、終身俸、非屬保險給付之養老金及依勞工退休金條例規定辦理年金保險之保險給付等所得。
但個人歷年自薪資收入中自行繳付之儲金或依勞工退休金條例規定提繳之年金保險費,於提繳年度已計入薪資收入課稅部分及其孳息,不在此限:
一、一次領取者,其所得額之計算方式如下:
(一)一次領取總額在十五萬元乘以退職服務年資之金額以下者,所得額為零。
(二)超過十五萬元乘以退職服務年資之金額,未達三十萬元乘以退職服務年資之金額部分,以其半數為所得額。
(三)超過三十萬元乘以退職服務年資之金額部分,全數為所得額。
退職服務年資之尾數未滿六個月者,以半年計;滿六個月者,以一年計。
二、分期領取者,以全年領取總額,減除六十五萬元後之餘額為所得額。
三、兼領一次退職所得及分期退職所得者,前二款規定可減除之金額,應依其領取一次及分期退職所得之比例分別計算之。
第十類:其他所得:不屬於上列各類之所得,以其收入額減除成本及必要費用後之餘額為所得額。
但告發或檢舉獎金、與證券商或銀行從事結構型商品交易之所得,除依第八十八條規定扣繳稅款外,不併計綜合所得總額。
前項各類所得,如為實物、有價證券或外國貨幣,應以取得時政府規定之價格或認可之兌換率折算之;未經政府規定者,以當地時價計算。
個人綜合所得總額中,如有自力經營林業之所得、受僱從事遠洋漁業,於每次出海後一次分配之報酬、一次給付之撫卹金或死亡補償,超過第四條第一項第四款規定之部分及因耕地出租人收回耕地,而依平均地權條例第七十七條規定,給予之補償等變動所得,得僅以半數作為當年度所得,其餘半數免稅。
第一項第九類規定之金額,每遇消費者物價指數較上次調整年度之指數上漲累計達百分之三以上時,按上漲程度調整之。
調整金額以千元為單位,未達千元者按百元數四捨五入。
其公告方式及所稱消費者物價指數準用第五條第四項之規定。

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