Annotated Republic of China Laws/Motion Picture Act/Article 39-1

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Motion Picture Act Republic of China (Taiwan) Law Article 39-1

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Promulgated amendment on 2009-01-07

Article 39-1

As an incentive to investment in domestically produced motion pictures, a private company that invests in the establishment or expansion of a motion picture production enterprise of a definite size within ten years of January 9, 2004, is a holder of original share subscription or by solicitation of registered shares issued by said motion picture production enterprise, and holds the shares for three years or more may credit a maximum of 20 percent of the amount paid for the share acquisitions against the amount of business income tax payable each year within a period of five years from the then current year (the “investment tax credit”).

The total amount of this credit in each ensuing year as referred to in the preceding paragraph shall not exceed 50 percent of the amount of the year's business income tax payable in the then current year; however, this limitation does not apply to the deduction for the final year.

The incentives stipulated in this Article may not be applied to capital raised through the issuance of registered shares as mentioned in Paragraph 1, or the expenses incurred through such issuance, that have already benefited from incentives detailed in other laws and regulations such as investment tax credit or exemption from business income tax.

The scope of application, total investment credit, approving authorities, deadline for application, procedures, tax credit rate, and regulations governing other items concerning the aforementioned “definite size” and “investment tax credit” mentioned in Paragraph 1 shall be determined by the central government agency concerned in conjunction with the Ministry of Finance and then reported to the Executive Yuan for approval.