Newsletter
NO TAX ON OVERSEAS TRAD-ING IN CONVERTIBLE BONDS
Under the Statute of Securities Transaction Tax, such tax is payable on all trades in securities is-sued by ROC entities, except government bonds. Trades in corporate bonds are taxable at a rate of 0.1 % of the traded price, to be collected from the seller by the buyer. The buyer must pay the tax collected into the National Treasury by the fol-lowing day, filling out a certificate of payment form.
However, where an investor buys or sells con-vertible bonds issued overseas by an ROC company, and the transaction takes place off-shore, in practice it is impossible for the buyer to fulfill the duty of collecting securities transaction tax, or to enforce any claim for compensation after first paying the tax on the seller's behalf. Accordingly, to avoid adverse impact on the li-quidity of ROC companies' overseas bonds in secondary markets, the Ministry of Finance an-nounced in an interpretation dated 17 January 2001 that offshore transactions in the overseas convertible bonds issued by an ROC enterprise are not subject to securities transaction tax.