Regulations Governing the Management, Utilization, and Taxation of Repatriated Offshore Funds Article 10

For the funds that have not been withdrawn pursuant to Paragraph 1 of Article 7 and Paragraph 1 of Article 8 hereof and the funds that have been deposited back into the segregated foreign exchange deposit account pursuant to Paragraph 2 of Article 7 and Paragraph 2 of Article 8 hereof, apart from the amount that may be utilized freely pursuant to Paragraph 1 of the preceding article, one-third of such funds may be withdrawn upon the elapse of five full years after the date of being deposited into the segregated foreign exchange deposit account pursuant to Paragraph 1 of Article 6 hereof; another one-third of the funds may be withdrawn upon the elapse of six full years, and the remaining one-third of the funds may be withdrawn upon the elapse of seven full years.Where the funds as referred to in the preceding paragraph are not withdrawn according to regulations or are used for purposes other than the approved investment, or have been pledged, provided as security, or otherwise decreased in value thereof, the account-handling bank shall, upon the occurrence of any of the above-referenced events, calculate the pre-tax value of such funds according to the applicable tax rate specified under Paragraph 2 of Article 6 hereof, withhold tax from the funds at the 20% tax rate, convert the tax amount withheld into New Taiwan Dollars at the prevailing foreign exchange rate on that day, and pay the tax withheld to the national treasury and complete the filing in accordance with Article 12 hereof; the amount of the tax already paid on such pre-tax value in accordance with Paragraph 2 of Article 6 hereof may be deducted.
中文原文 境外資金匯回管理運用及課稅作業辦法第10條
個人及營利事業未依第七條第一項及第八條第一項規定提取之資金,及依第七條第二項及第八條第二項規定存回原外匯存款專戶之資金,除屬前條第一項規定得自由運用者外,應自其依第六條第一項存入外匯存款專戶之日起算,屆滿五年始得提取三分之一,屆滿六年得再提取三分之一,屆滿七年得全部提取。
前項資金有未依規定提取、移作他用或作為質借、擔保之標的或以其他方式減少其價值之情形者,應由受理銀行於各該情形發生時,就該部分資金依第六條第二項規定適用之稅率換算稅前金額,按百分之二十稅率代為扣取稅款,並以當日實際成交匯率結售為新臺幣金額,依第十二條規定向國庫繳納及辦理申報;該稅前金額已依該項規定繳納之稅款,得予扣除。

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