Enforcement Rules of the Estate and Gift Tax Act Article 9-1

The failure to collect debt or exercise other rights of claim that has been verified by proof as referred to under Subparagraph 13, Article 16 of the Act shall refer to the following:1. Where a debtor has been judged bankrupt or made a composition according to the Bankruptcy Act or undergone rehabilitation and liquidation according to the Consumer Debt Clearance Act or has filed for reorganization according to the Company Act, thereby resulting in creditors’ failure to fully reclaim all or part of the debt, and where a composition agreement or a court ruling has been secured.2. Where the decedent or the heir and the debtor have jointly reached a litigious settlement or conciliation in court, thereby resulting in creditor’s failure to fully reclaim all or part of the debt, and where the court depositions regarding said settlement or conciliation have been obtained with the absence of matters specified under Subparagraph 1, Article 5 of the Act confirmed true by the taxation authority.3. Where other reasons have caused failure to collect or exercise all or part of the debt or other rights of claim with relevant documents of proof submitted and confirmed true by the taxation authority.
中文原文 遺產及贈與稅法施行細則第9-1條
本法第十六條第十三款所稱債權及其他請求權不能收取或行使確有證明者,指下列各款情形:
一、債務人經依破產法和解、破產、依消費者債務清理條例更生、清算或依公司法聲請重整,致債權全部或一部不能取償,經取具和解契約或法院裁定書。
二、被繼承人或繼承人與債務人於法院成立訴訟上和解或調解,致債權全部或一部不能收取,經取具法院和解或調解筆錄,且無本法第五條第一款規定之情事,經稽徵機關查明屬實。
三、其他原因致債權或其他請求權之一部或全部不能收取或行使,經取具證明文件,並經稽徵機關查明屬實。

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