Taiwan (TW)

Jurisdiction Overview

IDQuestionAnswer
569 *Use beyond tax: Has the jurisdiction signed the Global Forum's Punta del Este Declaration of November 2018, or is it authorising to use the information received pursuant to the CRS for non-tax purposes (eg corruption, money laundering)? No
 Data Date: 2019

Notes

 
According to Taiwan Ministry of Finance: "1. Since there have been foreign political issues preventing Taiwan from joining OECD Global Forum on Transparency and Exchange of Information for Tax Purposes, Taiwan is not able to sign the Punta del Este Declaration. 2. In addition, all of Taiwan’s 32 Income Tax Agreements stipulate any information received shall be treated as secret in the same manner as information obtained under their domestic laws; the persons or authorities that this information may be disclosed to; and that this information shall be used only for tax purposes. Besides, subparagraph 3 of Paragraph 2 of Article 5-1 of the Tax Collection Act stipulates that the exchange of information with the other contracting party shall not be conducted if the information requested by the other contracting party is not for tax purposes. In this regard, Taiwan will only use the information received pursuant to the CRS for tax purposes. 3. Regarding information required for international criminal cases, the Mutual Legal Assistance in Criminal Matters Act (MACMA) allows a wide range of assistance to be provided on the principle of reciprocity. The information received under the MACMA may be used for non-tax purposes. Section 531 of page 193 of the Mutual Evaluation Report for Chinese Taipei on Anti-money laundering and counter-terrorist financing measures released by the APG in October 2019 so indicates. (Relevant information is available at http://www.apgml.org/includes/handlers/get-document.ashx?d=17b44799-0e1d-4701-90a1-79584101bb9e.)" (Communication with aiwan Ministry of Finance, 27.12.2019).

Sources

https://www.oecd.org/tax/transparency/Latin-American-Ministerial-Declaration.pdf
 
Communication with aiwan Ministry of Finance, 27.12.2019.