The Management, Utilization, and Taxation of Repatriated Offshore Funds Act Article 4

An individual who repatriates offshore funds and a profit-seeking enterprise which repatriates investment income derived from an offshore invested enterprise may opt to assess tax under this Act instead of assessing income basic tax and income tax under the Income Basic Tax Act, the Act Governing Relations between the People of the Taiwan Area and the Mainland Area, and the Income Tax Act. Once an option is made, it cannot be changed.The computing, filing, paying tax payable, and penalty of the offshore funds repatriated by an individual and the investment income derived from an offshore invested enterprise repatriated by a profit-seeking enterprise subject to this Act shall be in accordance with this Act. Matters not provided for in this Act shall be governed by other related laws.The offshore funds repatriated by an individual and the investment income derived from an offshore invested enterprise repatriated by a profit-seeking enterprise subject to this Act cannot be used for purchasing real estate or beneficiary securities issued or delivered in accordance with the Clauses of the Real Estate Securitization Act, except for investing in constructing or purchasing buildings used for self-production or business purposes approved by the Ministry of Economic Affairs (hereinafter referred to as “MOEA”) according to Paragraph 1, Article 7.The implementation of this Act must conform to the Money Laundering Control Act, Counter-Terrorism Financing Act, and other related laws or regulations.
中文原文 境外資金匯回管理運用及課稅條例第4條
個人匯回境外資金及營利事業匯回境外轉投資收益,得選擇依本條例規定課稅,免依所得基本稅額條例、臺灣地區與大陸地區人民關係條例及所得稅法規定課徵基本稅額及所得稅,且一經擇定不得變更。
個人及營利事業適用本條例規定匯回境外資金、境外轉投資收益之計算、申報、繳納應納稅額及處罰,依本條例之規定;本條例未規定者,依其他有關法律之規定。
個人及營利事業適用本條例規定匯回之境外資金、境外轉投資收益,不得用於購置不動產、依不動產證券化條例所發行或交付之受益證券。
但依第七條第一項規定經經濟部核准投資用於興建或購置供自行生產或營業用建築物者,不在此限。
本條例之執行,應符合洗錢防制法、資恐防制法及相關法令規定。

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