尾牙春酒稅務全攻略:贊助、抽獎與扣繳申報實務

每逢歲末年終,各公司紛紛舉辦尾牙或春酒活動,犒賞員工一年來的辛勞。然而,不論是廠商提供的贊助,或是尾牙抽獎的獎金、禮品,其帳務處理與稅務扣繳往往讓財會同仁感到困擾。為協助各位客戶輕鬆應對,我們特別整理了「尾牙春酒稅務全攻略」,從贊助、抽獎到營業稅一次掌握。

一、 尾牙贊助的帳務處理:贊助方 vs. 接受方

在實務中,同業或供應商常會認捐餐費或提供獎品作為贊助。這部分的帳務處理需注意「身分」的不同:

1. 贊助方(捐助廠商)
  • 會計科目:應列報為「交際費」。
  • 憑證與申報:以購入獎品之發票或收據為憑。此外,贊助方應於次年一月底前,針對受贈廠商填報以「受贈廠商」為所得人之「其他所得」免扣繳憑單。
2. 接受方(主辦公司)
  • 會計科目:收到現金或實物贊助時,一律認列為「其他收入」,列入年度營利事業課稅所得額。
  • 發票規定:不論贊助方是公司或個人,公司受贈時不需開立發票
  • 入帳金額:若為實物贊助,應以「合理市價」換算為所得入帳。
二、 員工中獎了!「機會中獎所得」扣繳申報

尾牙抽獎屬於「競技競賽機會中獎所得」(代號 91),並非薪資所得。

1. 扣繳稅率
  • 境內居住者(本國人):扣繳率 10%
    • 起扣點:每次扣繳稅款不超過新台幣 2,000 元者,免予扣繳。
    • 換算金額:獎金或獎品價值在 20,000 元(含)以下,免扣繳但次年1月底前仍須申報免扣繳憑單。
  • 非居住者(外籍人士或離境者):不論金額多寡,一律扣繳 20%
2. 實物獎品的處理

中獎金額應以「取得時的合理市價」為準。若公司購入禮品供抽獎,則以發票金額為準;若為公司自製產品,則以成本金額認列。

三、 進項稅額可以扣抵嗎?
    1. 餐費與獎品皆不得扣抵:尾牙聚餐費用(場租、餐費、主持費)及抽獎品,屬於「酬勞員工個人之貨品或勞務」,其進項稅額不得申報扣抵銷項稅額。
    2. 外購禮品:若公司購入獎品時已決定供酬勞員工使用,且進項稅額未申報扣抵,則免視為銷售貨物,亦免開立統一發票。
  • 公司存貨轉抽獎(視為銷售):若原本購入供銷售的商品(已抵扣進項稅額),轉作抽獎時,必須依「時價」開立以自己公司為買受人的統一發票。
四、 額外提醒:二代健保與職福金
  • 二代健保:由於機會中獎所得非補充保費計收項目,因此免扣取補充保費

餐費科目:尾牙聚餐費是雇主慰勞員工的習俗,應由雇主負擔。無職福會者,相關支出先列於「職工福利」限額內,超額部分轉列「其他費用」。有職福會者,應列「其他費用」(不得動支職福金)。

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Establishment of a Taiwan Branch by Foreign Entities: Process & Required Documents

1) Phase 1: Pre-operation Preparation and Qualification Review from Abroad

  1. Company Name Reservation and Scope of Business Pre-examination (Administration of Commerce, Ministry of Economic Affairs)
  • Priority must be given to the Chinese translation of the foreign parent company's name. The fixed format must prepend "Foreign Merchant [Nationality of Parent Company]" and append "Taiwan Branch" (e.g., Foreign Merchant ○○ Co., Ltd. Taiwan Branch).
  • Required items :1–3 proposed company names; 2–10 business items (negative list).
  1. Document Preparation for Foreign Parent Company
  • Required Documents :
    • Foreign Corporate Qualification Proof Documents (direct submission of official copies): Certificate of Corporate Qualification, official registration/declaration documents required for anti-money laundering (AML) as mentioned above, register of directors/shareholders, and copies of passports or identification documents of relevant personnel.
    • Foreign Capital Status Declaration: Must be physically signed by all relevant personnel, certifying that they do not hold Mainland China capital status and comply with laws and regulations (if the Person in Charge and the Manager are different people, both must sign separate forms).
    • Power of Attorney (POA): Must be stamped with a page-spanning seal (if different people, the POA must explicitly state the dual authorization text).
  • Direct Submission: Authorized signatories can sign and seal directly, and submit for review "without undergoing any notarization or legalization beforehand." In practice, there is a very high probability of direct approval and issuance of the Phase 1 Supplementation Letter. (Note: If the competent authority randomly checks and requests legalization later, you can then commission a local notary public and verify it through the overseas mission/office.)
  1. Submission of Phase 1 Registration: Requesting the "Operating Capital Supplementation Letter"
  • Process:Submit the approved Name Reservation Form, the identity documents of both parties mentioned above, the POA, and foreign corporate qualification proof documents to the "Administration of Commerce, Ministry of Economic Affairs" for review.
  • Result:Successfully obtain the "Phase 1 Supplementation Letter" from the Ministry of Economic Affairs.

2) Phase 2: Localizing Taiwan Identity and Bank Account Opening

  1. Obtaining the Visa and UI Number
  • Process:Process: The person opening the account in Taiwan (usually the Manager) applies for a Taiwan visa ➔ obtains a valid resident or visitor visa (or relevant entry/exit permit). After entering Taiwan (or via the online system), present the passport and relevant visa to the National Immigration Agency, Ministry of the Interior, to apply for the "Record of UI Number for Foreign Nationals."
  • Note: If the Person in Charge and the Manager are different people, the big boss remaining abroad (Person in Charge A) must still commission a Taiwan agent via paper documents to apply to the Immigration Agency for Person A's own "Record of UI Number." The UI numbers of both individuals must be ready at the time of submission.
  1. Pre-examination of Taipei City Business Premises Address and Signing Lease Agreement
  • Business Premises Address Pre-examination (Department of Urban Development / Building Administration Office): Taipei City strictly enforces land use zoning regulations. Before officially signing a lease agreement, make sure to submit an address pre-examination through the "Taipei City Commercial Office Business Premises Review System" to avoid failing registration later due to non-compliance, which could result in a total loss of high deposits, rent, and decoration costs.
  • Required items :Building Ownership Certificate or Building Registration Transcript (Category 2 Transcript).
  • Signing Lease:Formally sign a contract with the landlord after passing the pre-examination (the lease should state that it is for the branch office's business use).
  • Documents to Obtain:Building owner's consent letter and a copy of the latest house tax bill (or ownership certificate).
  1. Opening a Bank "Preparatory Office" Account for the Branch
  • Account Name:The format is fixed as "Foreign Merchant [Parent Company Name] Co., Ltd. Taiwan Branch Preparatory Office".
  • Required items :Required items: Original copy of the "Supplementation Letter" from the Administration of Commerce, the approved Company Name Reservation Form, original IDs of the account opener (passport, Record of UI Number, relevant visa), (if different people, add Person in Charge A's passport and Record of UI Number), original POA from the parent company explicitly authorizing account opening, parent company foreign corporate qualification proof documents, registers of shareholders/directors, ownership structure chart of ultimate beneficiaries, and the preparatory office small stamp for bank use (usually the Manager's personal stamp if they are different people).

3) Phase 3: Influx of Capital and CPA Certification

  1. Inward Remittance of "Operating Capital" and Foreign Exchange Settlement (Bank)
  • Process:Process: The foreign parent company account remits the operating capital into the preparatory office account in Taiwan.
  • Attention:During foreign exchange settlement, you must request and safely keep the "Inward Remittance Advice" and "Foreign Exchange Purchase Memorandum" (the nature of settlement must be marked as "310 Operating Capital"). The beneficiary name must perfectly match the branch office name.
  • Applying for Balance Certificate:On the day following the deposit of operating capital, apply to the bank for a Certificate of Deposit Balance.
  1. CPA Audit and Certification of Operating Capital
  • Legal Basis:According to Article 5 of the Regulations Governing Certified Public Accountants' Auditing and Certification of Registered Capital of Companies, the establishment of a branch office must be certified by a CPA.

Required items :Required items: Original Bank Certificate of Deposit Balance, copy of the preparatory office bankbook cover, stamped page, and inner pages (including remittance and settlement records), copies of the Inward Remittance Advice and Foreign Exchange Purchase Memorandum, copy of the Ministry of Economic Affairs Supplementation Letter, parent company foreign corporate qualification proof documents, and the branch office establishment registration form.

4) Phase 4: Final Approval and Launch of Daily Operations

  1. Submission of Phase 2 Supplementation ➔ Obtaining the Unified Business Number (UBN)
  • Process:Process: Return the "Inward Remittance Advice," "Foreign Exchange Purchase Memorandum," "CPA Capital Audit Report," along with the Records of UI Number, passports, ID copies of relevant personnel, and physically signed declarations/letters of undertaking to the Ministry of Economic Affairs for supplementation.
  • Result:Result: Officially receive the approval letter for the establishment of the foreign company's Taiwan branch and obtain the Unified Business Number (UBN).
  1. Business Registration (Tax Registration) (National Taxation Bureaus, Ministry of Finance)
  • Process:Process: Apply for tax registration at the local National Taxation Bureau branch or office where the branch is located to obtain the business tax filing status.
  1. Activation of Invoices
  • E-Invoices:Register on the Ministry of Finance's E-Invoice Integrated Service Platform and apply for e-invoice track numbers.
  • Paper Invoices:Apply to the National Taxation Bureau for a "Unified Invoice Purchasing Certificate" to purchase paper invoices.
  • Required items :Required items: Original approval letter from the Administration of Commerce, original company registration form, original tax registration approval letter, original dual IDs of the person in charge, official company stamps (large and small), invoice stamp, etc.
  1. Converting "Preparatory Account" into "Official Company Account" (Bank)
  • Process:Process: The account opener goes to the original bank to officially rename and convert the preparatory office account into an official branch office bank account. Only at this stage can funds be freely utilized.
  • Required items :Required items: Original approval letter from the Ministry of Economic Affairs, original branch office establishment registration form, copy of the tax registration approval letter, dual IDs of the account opener, and official corporate stamps (large and small).
  1. Subsequent Daily Operations Work
  • 14.1 Certification for Administration and Commerce (MOEACA IC Card):Apply at the MOEA Certification Authority for online tax filing, labor/health insurance, e-invoicing, and other operations.
  • 14.2 Import/Export Exporter/Importer Registration:If engaged in trading business, register with the International Trade Administration, Ministry of Economic Affairs. According to Article 4 of the Regulations Governing Registration of Exporters and Importers, the English name of the branch must indicate its nationality and branch status (e.g., must include the nationality name and the "Taiwan Branch" text), otherwise it will be rejected.
  • 14.3 Establishing Insured Units:Set up labor insurance, health insurance, and labor pension contribution accounts with the Bureau of Labor Insurance and the National Health Insurance Administration.
  • 14.4 Work Permit and Residency: Apply to the Ministry of Labor for a foreigner work permit for the branch manager. Once obtained, the manager can apply to or change their long-term Alien Residence Certificate (ARC) at the Immigration Agency to legally reside, work, and live in Taiwan.