碩士 / 國立臺灣科技大學 / 管理研究所 / 107 / During the early period, some enterprises used an offshore company to engage in triangular trade or invest on Holding Company, and then they further take the advantage of locating their profits at oversea through tax structure arrangement as to avoid domestic tax burdens; individual utilize the limited amount of information of offshore companies available to the public to conceal its real properties or change its tax status as to enjoy the tax benefit shall assign to foreign investors.
United Bank of Switzerland (UBS), the US private bank, assists clients in using the characteristics of offshore companies to conceal the fact of customers are Americans in order to escape local taxes in the United States. Therefore, the United States promoted the Foreign Account Tax Compliance Act (FATCA) in 2010, and on the basis of its spirit that the Organization for Economic Cooperation and Development (OECD) launched an international version of the FATCA which namely the Common Reporting Standard (CRS) . As such, the international exchange of tax information has become a consensus.
In early 2016, Taiwan proposed the draft revision of the amendments to Articles 43-3& 43-4 of the Income Tax Act, the aim is for the Controlled Foreign Corporation (CFC) and Place of Effective Management (PEM) to correct the situation of tax evasion via taxation planning and emphasize the importance of fairness in taxation.
This study explores the policy changes experienced by offshore companies in recent years. The taxation, investment risk and the convenience on the operation shall take into consideration during the application. Moreover, the situation of concealing of real individual status by use of offshore company will be no longer existed due to the FATCA and CRS come into force. In addition, it is necessary to establish its own accounting system as to facilitate the requirements of tax information exchange. The implementation of the domestic CFC and PEM system not only prevents investors use the limited amount information of offshore company available to the public to delay or evade tax, but also avoid investors from changing their tax status as to enjoy the tax benefit in which assigned to foreign investors. It aims to meet the principle of equality in substantive taxation. However, the most importance is to assist the Taiwanese businessmen in China to identify their tax resident status as to avoid the duplicate taxation.
For the demand side of offshore companies, such as enterprises, individuals, specialists, etc., it shall re-examine whether their investment structure meets the requirements of the current regulations and achieve the benefits for the time while planning. On the other hand, the supply side of the offshore companies, such as registered companies, it shall provide a combination of legal and tax consultancy services, and further launching products in respond to the policy changes as to expand their customer categories.
| Identifer | oai:union.ndltd.org:TW/107NTUS5399040 |
| Date | January 2019 |
| Creators | Shin-Fan Su, 蘇信汎 |
| Contributors | Pin Luarn, 欒斌 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 47 |
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