What Exactly Is the Business Income Tax Provisional Payment?
9/13/2023
Companies often wonder why they have to pay business income tax every May, and then pay again in September. To many, it feels like duplicate work — but there's a key tax concept behind it: the provisional tax payment rule. This article explains why tax is due at different points in the year, and whether this rule still applies to businesses that had already applied for exemption from provisional payment before 2023.
What Is a Provisional Tax Payment?
First, let's understand what a provisional tax payment is. This refers to a business paying an estimated portion of tax during a specific period, rather than waiting until year-end filing. The purpose is to ensure the government has a steady stream of funding to support public services, including infrastructure, education, and healthcare.
For businesses on a calendar fiscal year, the provisional payment period is generally September 1–30 each year. During this window, businesses estimate the coming year's income and expenses and pay a portion of tax in advance based on that estimate.
Under Article 67 of the Income Tax Act, there are two ways for businesses to calculate their provisional payment: the estimation method and the calculation method.
Estimation Method
Businesses required to file a provisional payment generally self-pay half of the prior year's finalized tax liability during the filing period. If they aren't applying any tax credits, they can skip the filing step entirely once they've self-paid the provisional tax to the treasury.
(Additional note: if the finalized tax payable was NT$0 but a basic tax amount of XX was paid, under Article 67, Paragraph 1, the provisional payment is calculated as half of the prior year's finalized business income tax payable — so even if a basic tax amount was paid, it does not need to be factored into the provisional payment calculation.)
Calculation Method
Alternatively, companies that use a blue return form as required, or have financial statements certified by a CPA, can calculate the estimated tax based on the first 6 months of the current year's revenue, rather than using the method above.
This approach not only helps ensure the government has adequate funding by year-end, but also helps businesses spread their tax burden across the year, reducing pressure at year-end.
Exemption from Provisional Payment
There are exceptions, though — businesses meeting the conditions under Article 69 of the Income Tax Act don't need to file a provisional payment each year. So sole proprietorships, partnerships, and approved small-scale businesses are exempt from the provisional payment requirement.
Additionally, according to a Ministry of Finance press release dated August 11, 2023, businesses that already applied for exemption from provisional payment during the relief measure period (January 15, 2020 to June 30, 2023) can directly apply the exemption to the 2023 provisional payment without reapplying.
How Do Businesses with a Non-Calendar Fiscal Year Handle Provisional Payments?
For businesses on a non-calendar fiscal year, the filing period is calculated by reference to the "9th month" of the calendar-year equivalent. For example, for a fiscal year running July 1 to June 30, the provisional payment period would be March 1–31. This schedule is designed to ensure the government has a steady funding source to support public services.
Late Filing or Payment Rules
If a business fails to make its provisional payment on time but calculates and pays the make-up amount before October 31, interest is charged from October 1 to the payment date, based on the deposit interest rate. If it's still unpaid after October 31, the tax authority will calculate the provisional tax due, add one month's interest, and issue a notice requiring payment within 15 days.
One of the main benefits of the provisional payment system for companies is spreading out the tax burden. This means a business doesn't have to pay its entire year's income tax at year-end, but can estimate and pay at different points throughout the year. This spreading helps companies better manage cash flow and avoid the financial strain of a large lump-sum payment at year-end.
But most importantly — remember to file within the filing period!
Have questions about this article or your company's situation? Feel free to get in touch.
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