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Japan - Taiwan tax treaty

A practical treaty page built around the official treaty text, key withholding categories, permanent-establishment rules, and article-level summaries.

Signed

2015-11-26

Effective

2017-01-01

Articles seeded

6

Withholding snapshot

Dividends

Individual rate: 10% · Corporate rate: 10%

The Japan-Taiwan arrangement (formally a private-sector agreement between the Interchange Association in Tokyo and the Association of East Asian Relations in Taipei, given effect by domestic implementing legislation) generally applies a uniform cap on cross-border dividends. The precise outcome still depends on beneficial ownership.

Interest

Rate: 10%

Government-related interest and qualifying central-bank interest may be exempt. The general 10 percent cap applies subject to beneficial ownership.

Royalties

Rate: 10%

Royalty treatment under this arrangement caps the source-country rate at 10 percent for most categories, including industrial, commercial, and scientific equipment use.

Permanent establishment

Construction threshold: more than 12 months

Dependent-agent rules apply where a person habitually concludes contracts on behalf of the enterprise. Independent agents acting in the ordinary course of business are generally excluded.

Other treaty flags

Pensions: residence
Protocols: None seeded
Exchange of information: Yes
Student article: Yes
Teacher article: No

Pension taxation is generally allocated to the residence state under this arrangement, with separate rules for government-service pensions.

Seeded article summaries

Article 4

Residence

Defines residence and is the gateway to any benefit under the arrangement.

Because the Japan-Taiwan instrument is technically a private-sector arrangement given effect domestically, residence analysis still maps to domestic-law residence under each jurisdiction's implementing legislation.

Article 5

Permanent Establishment

Sets the business-presence threshold for cross-border activity.

Article 5 follows the OECD-influenced model with a 12-month construction-site threshold and a services threshold. The combination tends to be relevant for engineering and consulting services flowing between Japan and Taiwan.

Article 7

Business Profits

Reserves business profits to the residence state absent a permanent establishment in the other state.

Once PE is ruled out under Article 5, Article 7 generally restricts taxation of Japanese-residents' business profits to Japan and Taiwan-residents' to Taiwan.

Article 10

Dividends

Provides the treaty cap on cross-border dividend withholding.

Article 10 generally produces a uniform treaty cap regardless of the recipient's shareholding percentage. The arrangement does not include the parent-subsidiary differential that some Japanese treaties contain.

Article 11

Interest

Caps source-country withholding on cross-border interest with government-interest carve-outs.

Article 11 caps the general rate at 10 percent. Government-related interest may qualify for broader treaty exemptions.

Article 12

Royalties

Caps source-country withholding on royalties at a uniform rate.

The royalty article matters for Japanese manufacturers licensing technology to Taiwanese counterparties. The precise rate and definition should be confirmed against Article 12.

Official text

Other treaties involving these jurisdictions

Computed from the cross-reference graph. Links open the related entity on this site.

Primary sources

Important disclaimer

This library is for general tax education only. Always verify filing obligations, due dates, and tax consequences against the cited primary source or with a qualified tax professional.