Regulations Governing Assessment of Interest Expenditure on the Debts Owed by a Profit-seeking Enterprise to a Related Party in Accordance with the Condition that the Related Payments Shall Not be Considered as Expenses or Losses Article 5
(The Calculation of Interest Expenditure that Shall Not be Considered as Expenses or Losses)Where the proportion of related party debt, owed directly or indirectly by a profit-seeking enterprise to a related party, to equity of a profit-seeking enterprise exceeds the specified standard ratio that is stipulated in Paragraph 3, the profit-seeking enterprise should compute the excess interest expenditure on the debts not to be considered as expenses or losses pursuant to the provisions set out in Article 43-2 of the ITA in accordance with the following formula:The amount of interest expenditure that shall not be considered as expenses or losses = the sum of the interest expenditures on related party debts in the current year (1-the standard ratio of related party debt to equity / the ratio of related party debt to equity of a profit-seeking enterprise)The term “the interest expenditures on related party debts in the current year” mentioned in the preceding paragraph means that the interest expenditures shall be recognized and attributed as its costs, expenses or losses of the current year under the accounting system on an accrual basis. Such interest expenditures include any kind of payment on related party debts, whether direct or indirect, as stipulated in Paragraph 1 of the previous Article in the current year, such as the actual paid interest, interest payable, additional point margin interest, penal interest, guarantee fee, collateral fee, loan commitment fee, loan financing fee, syndicated financing fee, and other expenses with the nature of interest payment. It also includes the interest derived from the loans provided by the unrelated parties that are guaranteed as being jointly and severally liable for reimbursement of the loans through the related parties regulated in the proviso of Subparagraph 3, Paragraph 1 of the previous Article, but excludes the interest derived from related party debts regulated in Paragraph 2 of the previous Article.The standard ratio of related party debt to equity regulated in Paragraph 1 is 3:1. The ratio of related party debt to equity of a profit-seeking enterprise shall be computed according to the following formula:The ratio of related party debt to equity = the sum of the monthly average amount of each related party’s debt in the current year / the sum of the monthly average amount of owner’s equity in the current yearThe monthly average amount of each related party’s debt in the current year = (the book value of each related party’s debt at the beginning of each month + the book value by the end of each month) / 2The monthly average amount of owner’s equity in the current year = (the book value of the owner’s equity at the beginning of each month + the book value by the end of each month) / 2
中文原文 營利事業對關係人負債之利息支出不得列為費用或損失查核辦法第5條
營利事業直接或間接對關係人之負債占業主權益比率超過第三項規定標準者,應依下列公式計算依本法第四十三條之二規定不得列為費用或損失之利息支出:不得列為費用或損失之利息支出=當年度關係人之利息支出合計數×(1-關係人之負債占業主權益之比率標準/關係人之負債占業主權益之比率)前項所稱當年度關係人之利息支出,指營利事業依權責發生制認列並計入當年度成本、費用或損失之利息支出,包括因前條第一項規定直接或間接對關係人之負債當年度實際支付及應付之利息、利息加碼、違約利息、擔保費、抵押費、貸款承諾費、融資費、參與放款費用及其他具有利息性質之費用,及非關係人提供由關係人擔保且負有連帶責任之借款依前條第一項第三款但書規定不計入關係人負債之利息支出。
但不包括前條第二項各款規定關係人負債之利息。
第一項規定之負債占業主權益之比率標準為三比一。
關係人之負債占業主權益之比率,依下列公式計算:關係人之負債占業主權益之比率=當年度每月平均各關係人之負債合計數/當年度每月平均業主權益合計數每月平均各關係人之負債=(每月各關係人之負債月初帳面餘額+月底帳面餘額)/2每月平均業主權益=(每月業主權益月初帳面餘額+月底帳面餘額)/2
但不包括前條第二項各款規定關係人負債之利息。
第一項規定之負債占業主權益之比率標準為三比一。
關係人之負債占業主權益之比率,依下列公式計算:關係人之負債占業主權益之比率=當年度每月平均各關係人之負債合計數/當年度每月平均業主權益合計數每月平均各關係人之負債=(每月各關係人之負債月初帳面餘額+月底帳面餘額)/2每月平均業主權益=(每月業主權益月初帳面餘額+月底帳面餘額)/2