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The purpose of this thesis is to clarify the difference between “business agent” in Taiwan Income Tax Act and “Agent Permanent Establishment” in Tax Treaty. In reviewing the definition of both terms, it’s easy to get confused of how these two which have similar definition should be applied on foreign companies. In addition to reviewing related journals and papers, this thesis analyzes an actual tax treaty application case that has been approved by Taiwan Tax Authority as a supplement. We concluded that whether the foreign company can apply for tax treaty for income tax exemption only depends on the existence of agent PE. If the foreign company has an agent PE in Taiwan, Taiwan tax authority will have the right to tax the income generated from agent PE. The existence of business agent doesn''t affect whether the income can be tax or not. The existence of business agent only affects how foreign company will be taxed and how the income tax will be calculated when foreign company has Taiwan sourced income and that income can’t be exempted from tax treaty.
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