PolicyBrief
H.R. 33
119th CongressJan 15th 2025
United States-Taiwan Expedited Double-Tax Relief Act
HOUSE PASSED

* **Title I:** Reduces taxes on Taiwanese residents and businesses operating in the U.S., contingent upon Taiwan offering reciprocal benefits to U.S. individuals and companies. * **Title II:** Authorizes the President to negotiate a tax agreement with Taiwan to avoid double taxation, subject to Congressional approval and adherence to U.S. tax laws.

Jason Smith
R

Jason Smith

Representative

MO-8

PartyTotal VotesYesNoDid Not Vote
Republican
21821314
Democrat
21521005
LEGISLATION

US-Taiwan Tax Break Bill Could Slash Taxes for Some, But Hinges on Reciprocity

The United States-Taiwan Expedited Double-Tax Relief Act is all about easing the tax burden for Taiwanese residents and businesses operating in the U.S., and potentially vice-versa. The core goal? To prevent the same income from being taxed twice – once in the U.S. and again in Taiwan. This bill introduces some significant changes to how certain types of income are taxed, and it gives the green light for a formal tax agreement between the two entities.

Tax Cuts & Who Qualifies

The bill slashes the usual 30% U.S. tax rate on things like interest, dividends, and royalties earned by 'qualified residents of Taiwan' from U.S. sources, down to 10% or 15% (SEC. 102). For example, a Taiwanese software engineer earning royalties from a U.S. company could see their tax rate on that income significantly reduced. Even cooler, if a Taiwanese company owns at least 10% of a U.S. company paying dividends, the tax rate on those dividends could drop to 10%. There's also a break for Taiwanese individuals working temporarily in the U.S. for a non-U.S. employer. Their wages could be completely exempt from U.S. income tax, provided they meet specific conditions (SEC. 102). Think of a visiting professor from Taiwan teaching at a U.S. university for a semester – their salary might not be subject to U.S. taxes.

But here's the catch: to be a 'qualified resident,' you have to be liable for taxes in Taiwan based on things like where you live, where your business is managed, or where it's incorporated (SEC. 102). Companies need to meet specific ownership or public trading requirements, too. And, crucially, these tax breaks only kick in if the U.S. government confirms that Taiwan is offering similar benefits to U.S. persons and businesses (SEC. 102).

The Presidential Pen & Potential Pitfalls

The bill authorizes the President to negotiate and finalize a formal tax agreement with Taiwan (SEC. 203). This agreement is supposed to mirror standard U.S. tax treaties, aiming for consistency and fairness. However, the bill is clear: nothing in this agreement can override the existing U.S. tax code (SEC. 208). This means the Internal Revenue Code of 1986 remains the ultimate authority.

While the bill aims to boost trade and investment, there are potential downsides. The reduced tax rates could mean less revenue for the U.S. government. There's also the question of fairness – are we giving special treatment to Taiwanese entities that other foreign investors don't get? And, of course, there's the uncertainty factor: the whole deal hinges on Taiwan playing ball and offering reciprocal benefits. The requirement for reciprocal benefits is a double-edged sword. It ensures fairness but introduces an element of uncertainty. If Taiwan doesn't offer comparable tax breaks, the benefits for Taiwanese residents and businesses outlined in this bill won't apply.