The Management, Utilization, and Taxation of Repatriated Offshore Funds Act Article 7

An individual or a profit-seeking enterprise may submit an investment plan for investing in industries to the MOEA for approval within one year from the date of depositing the funds into the segregated foreign exchange deposit account, and withdraw the funds from the segregated foreign exchange deposit account for investment according to the schedule in the approved plan. The investment plan shall be completed within two years from the date of approval. In the case that the investment plan cannot be completed within the said period, the deadline may be extended once by making application to the MOEA by the end of the said period. The length of such extended period shall not exceed two years.An individual or a profit-seeking enterprise shall, by the end of January of each year during the investment period, report the progress of the investment plan in the preceding year to the MOEA for recordation. An application for certificate of completion should be submitted to the MOEA within six months from the date of completing the investment plan; within six months from the date of obtaining the certificate of completion, an application for a 50% refund of the tax paid under Paragraph 1 or 2 of Article 5 should be submitted to the tax authority-in-charge.In the cases that the funds withdrawn under Paragraph 1 are used for purposes other than those specified in the approved investment plan, or the progress of the investment plan is not reported to the MOEA for recordation under the preceding paragraph and still fails to be reported within the specified time limit upon notification by the MOEA, the MOEA shall notify the tax authority-in-charge that such involved funds shall be taxed at 20%. The tax already paid for the aforementioned funds under Paragraph 1 or 2 of Article 5 can be deducted from the aforementioned tax.When dealing with the matters described in the preceding three paragraphs, the MOEA may ask the central competent authorities of the respective industries referred to in Paragraph 1 to provide suggestions or assistance.An individual or a profit-seeking enterprise who fails to submit an investment plan in accordance with Paragraph 1, or has already submitted an investment plan which is not approved by the MOEA, shall comply with Paragraph 2 of the preceding article. An individual or a profit-seeking enterprise who withdraws the funds from the segregated foreign exchange deposit account under an approved investment plan but fails to use the funds under the approved investment plan shall deposit the funds back into the segregated foreign exchange deposit account and comply with Paragraph 2 of the preceding article.Regulations governing Paragraph 1’s scope of investable industries and the investment plan’s expenditure, procedure and conditions of application, using or holding period for the buildings constructed or purchased according to the investment plan, Paragraph 2’s procedure of report for recordation and application for certificate of completion, and other related matters shall be prescribed by the MOEA and submitted to the Executive Yuan for approval. Regulations governing Paragraph 2’s application procedures of tax refund and other related matters shall be prescribed by the competent authority.