Regulations Governing Application of Agreements for the Avoidance of Double Taxation with Respect to Taxes on Income Article 26
Where a resident of the other Contracting State derives income from employment which is subject to income tax according to the domestic laws, and is entitled to a reduction of or exemption from such tax in accordance with the provisions in association with the term income from employment under a DTA, that resident shall, according to the applicable provisions of the DTA, provide a Certificate of Residence issued by the tax authority of the other Contracting State, the passport, the contract of employment, and other relevant documents, along with the documents which demonstrate the identity of the payer, the amount of the payment, and that the remuneration was not born by a permanent establishment or a fixed base which the employer has in the territory of the ROC, while filing the annual income tax return or filing a tax return and making tax payment. The tax collection authority shall determine the amount of income which is entitled to the reduction of or exemption from such tax.
中文原文 適用所得稅協定查核準則第26條
他方締約國之居住者如有依法應課徵所得稅之勞務報酬,但依所得稅協定有關受僱所得之規定,應減免所得稅者,應於辦理所得稅結算申報或申報納稅時,依其適用之所得稅協定條文規定,檢附他方締約國稅務機關出具之居住者證明、護照、聘僱契約或其他相關證明文件,並提供所得給付人、給付金額及該項報酬非由雇主於中華民國境內之常設機構或固定處所負擔等資料,由稅捐稽徵機關核定其減免稅之所得額。