| Legislative： |
Article 10-1, Article 27-1 through Article 27-3, and revisions to Article 12 and Article 30 of the Development of the Cultural and Creative Industries Act: Promulgated May 31, 2023 |
| Content： |
Article 10-1
The government shall do its utmost to ensure the people’s right to access to cultural and creative activities and shall ensure that ticket distribution to artistic and cultural performances
is regular.
Those selling tickets for more than their face value or set price shall be liable, depending on the number of tickets, for a fine by the Competent Authority of between 10 and 50
times the face value or set price of the ticket.
Where fraudulent information is provided via computer or other equipment or other irregularities occur when purchasing tickets or obtaining claim tickets to artistic or cultural
events, the penalty shall be a maximum three years’ imprisonment with possibility of parole, a fine of no more than NT$3 million, or both.
The Competent Authority may request that police agencies dispatch personnel to conduct investigations or crack down on the activities described in the preceding two Paragraphs.
When the Competent Authority is informed of infractions under the second and third Paragraphs of this Article, in addition to keeping the identifying information of the informant
strictly confidential, it may, at its discretion, offer a reward. Confidentiality of the identifying information of the informant is also to be maintained during any related lawsuit.
Regulations governing scope of authority, processing time, confidentiality, informant rewards and other compliance matters concerning the processing of informant reports are to be
drafted and issued by the central Competent Authority.
Article 12
The Competent Authority and the central relevant competent authorities shall provide assistance, rewards, or financial support for the following:
- Registration for conversion into judicial persons and related tax status.
- Creation of products and services or research and development.
- Startup incubation.
- Creating a comprehensive system of agents.
- Circulation and application of intangible assets.
- Improvement of management skills.
- Application of information technology.
- Training of professionals and recruitment of foreign professionals.
- Promotion of investment attraction efforts.
- Cross-industry cooperation.
- Market expansion.
- International cooperation and exchanges.
- Participation in domestic and foreign competitions.
- Industry clusters.
- Use of public real property.
- Collection of industry and market information.
- Promotion and dissemination of high-quality products and services from the cultural and creative industries.
- Protection and application of intellectual property rights.
- Assistance with enlivening products and services from cultural and creative businesses.
- Assisting the promotion of the regular distribution of tickets to artistic and cultural performances and ensuring an orderly marketplace.
- Other matters pertaining to the promotion of the development of the cultural and creative industries.
The central relevant competent authorities shall draft and issue guidelines pertaining to the recipients of assistance, rewards, and financial support, as well as conditions, scope
of applicability, application procedure, review criteria, the revocation or cancellation of financial support, and other matters.
Article 27-1
To promote the development, production, and distribution of intellectual property related to Taiwan’s locally produced cultural content, companies or limited partnerships making
a cash investment for a period of at least two years in a cultural and creative company or limited partnership within a defined scope and having been designated by the Executive Yuan as being in a nationally strategic cultural and creative industry, in so
doing becoming the registered shareholder or partner of said cultural and creative company or limited partnership, may, every year for a period of five years, deduct 20 percent of the invested amount or cost of the shares in the cultural and creative company
or limited partnership from their business tax. The total amount deducted every year may not exceed 50 percent of the total business income tax of the company or limited partnership.
For cases wherein a company or limited partnership makes a cash investment in the aforementioned cultural and creative industry enterprise of a defined scope and this is approved
by the central Competent Authority, where an investor has not deducted the total amount of its original investment within two years of the date of investment, it may, each year for a period of five years, deduct 20 percent of the investment amount from the
total business income tax. The total amount deducted each year may not exceed 50 percent of the total business income tax of the company or limited partnership.
For cash investments mentioned in the preceding two Paragraphs that involve venture capital companies or limited partnerships, shareholders or partners may, in line with the stipulations
of the preceding two Paragraphs, consider the deductible amount based on their shareholding or investment amount percentage to calculate their deduction for investment. Where a venture capital business becomes the registered shareholder or partner of a cultural
and creative business or limited partnership, or invests in a nationally strategic cultural and creative industry, for five years starting from the third year, it may deduct the calculated amount from the annual business income tax. The total amount deducted
each year may not exceed 50 percent of the total business income tax.
Where companies or limited partnerships combine the investment deductions defined in the preceding three Paragraphs or other investment deductions stipulated in other laws in the
same year, the total amount deducted for investment may not exceed 50 percent of the total business income tax for that year. This limitation shall not apply where other laws stipulate that a given year is the last year where a deduction may be taken and therefore
that there are no limits on deductible amounts.
For Paragraphs 1 and 2, companies or limited partnerships, and for Paragraph 3, venture capital companies , guidelines addressing the scope of use as well as eligibility criteria,
deduction rate (percentage), application period, application procedure, methods of calculation, and other related matters concerning the investment deduction criteria, defined scope, cultural and creative company or limited partnership, nationally strategic
cultural and creative industry shall be drafted by the central Competent Authority in conjunction with the Ministry of Finance.
The stipulations of Paragraph 1 through Paragraph 3 shall be in force for 10 years.
Article 27-2
Where an individual makes a cash investment in a nationally strategic cultural and creative industry-related domestic, high-risk innovation company, or limited partnership of a defined
scope whose establishment has been approved of by the central Competent Authority, and set up within two years in operation, and where the individual has obtained newly issued shares in or made a capital contribution to said firm or enterprise and has not
yet had such a status for a full two years, the investor may, prior to the end of the two-year period, deduct up to 50 percent of the investment amount from his/her total income tax.
Cases of individuals making a cash investment in cultural and creative industries as in the preceding Paragraph of a defined scope and approved of by the central Competent Authority
where the National Development Fund under the Executive Yuan is a co-investor and where, for the same case, investment in a single year reaches NT$500,000 and continues for a second year, such individuals may deduct up to 50 percent of the investment amount
from their personal income tax.
Where, in a single year, an individual takes the investment deductions stipulated in the preceding two Paragraphs and special investment deductions defined in other laws, the total
deduction taken in a given year may not exceed NT$3 million.
For Paragraphs 1 and 2 concerning individuals’ investment deduction, guidelines addressing the scope of the terms high-risk innovation company, limited partnership, case involving
a nationally strategic cultural and creative industry; as well as conditions, deduction rate (percentage), application period, application procedure, methods of calculation, and other related matters shall be drafted by the central Competent Authority in
conjunction with the Ministry of Finance.
The stipulations of Paragraph 1 and Paragraph 2 shall be in force for 10 years.
Article 27-3
Those who have already elected to use other tax incentives provided for in other laws may not also apply the tax incentives of this Act.
Article 30
The effective date of this Act is to be determined separately by the Executive Yuan.
The articles of this Act amended on December 25, 2018, and May 12, 2023, shall take effect as of the day of their promulgation. |