
Foreign Electronic Service Providers in Taiwan: Does Establishing a Local Presence Make Tax Sense?
Recent Regulatory Developments
Amendments to Taiwan’s Value-Added and Non-Value-Added Business Tax Act (the “Business Tax Act”) have significantly expanded the tax obligations of foreign providers of cross-border electronic services. These changes are accompanied by interpretive regulations issued by the Ministry of Finance (MOF), including the Regulations Governing Profit-Seeking Enterprise Income Tax Filing for Foreign Enterprises Without a Fixed Place of Business in Taiwan.
1. What Counts as “Electronic Services”?
The MOF defines “electronic services” broadly to include:
- Streaming media
- Downloadable content
- Mobile apps and online games
- E-books
- SaaS and cloud-based services
- Online advertising
- Any other service delivered over the internet to end-users in Taiwan
2. VAT Obligations
Foreign enterprises with no fixed place of business in Taiwan must register for VAT if their annual sales to customers in Taiwan exceed NT$600,000. The current VAT rate is 5% of gross sales. Registered foreign sellers must file bimonthly VAT returns and remit collected VAT to Taiwan’s tax authorities.
3. Income Tax
In addition to VAT, Taiwan imposes Profit-Seeking Enterprise Income Tax (PSEIT) on Taiwan-sourced income earned by foreign enterprises. The key issue is whether and to what extent a foreign provider’s revenue is considered to be “Taiwan-sourced.”
Taiwan applies a “source of economic enjoyment” principle. If services are consumed in Taiwan or create value within Taiwan’s economy, the revenue is generally deemed domestic-source. This covers nearly all B2C electronic services sold to Taiwan users.
- Tax Rate and Filing Requirements
The standard corporate income tax rate is 20% on net taxable income, with a NT$120,000 exemption for small profits. Unlike VAT, which is based on gross revenue, PSEIT applies to net profits attributable to Taiwan.
- Deemed Profit Method
Where a foreign enterprise cannot reasonably allocate actual costs to Taiwan, tax authorities may apply a deemed profit approach. Under MOF guidance:
– A standard industry net profit margin, often 30%, may be assumed; and
– If only part of the value creation occurs in Taiwan, a 50% domestic contribution ratio is often used.
4. Withholding Tax Requirements
Under Article 88 of the Income Tax Act, if a Taiwanese business or organization pays a foreign enterprise for services, it is generally required to withhold 20% of the gross payment and remit this to the tax bureau.
This withholding does not apply to payments from individual consumers. In such cases, the foreign provider must file a Taiwan income tax return directly (usually through a tax agent) and pay PSEIT accordingly.
Benefits of Establishing a Local Presence
Setting up a local branch or subsidiary offers several tax and operational advantages:
- Ability to present local accounting records, enabling precise allocation of income and expenses;
- Potential to reduce deemed profit assumptions;
- More predictable and controllable tax outcomes as business volume increases.
For smaller enterprises or those testing the market, registering for VAT without forming a local entity may suffice. However, as Taiwan sales grow and operations become more integrated, the tax burden under deemed profit methods may exceed the cost of establishing a branch or subsidiary.
In our experience, there is often a “tipping point”—a level of Taiwan activity where a local presence becomes the more efficient and tax-optimal structure.
If you have questions or would like further information on taxation of cross-border digital services in Taiwan, please contact Megan Chiu (mchiu@winklerpartners.com).
Written 18 July 2025 by Gregory A. Buxton and Megan Chiu.
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