Taiwan is currently consulting on draft amendments to the "Regulations Governing Application of Agreements for the Avoidance of Double Taxation with Respect to Taxes on Income", with the consultation scheduled to conclude on 15 June 2021. The amendments are being made in consideration of the latest OECD Model Tax Convention and guidance resulting from the BEPS project.

One of the key amendments to regulations is the introduction of new rules for the application of general principal purpose test based on OECD BEPS standards, providing that if the tax authority conducts an investigation, and it is reasonable to conclude, having regard to all relevant facts and circumstances, that obtaining a benefit of a tax treaty was one of the principal purposes of any arrangement or transaction that resulted directly or indirectly in that benefit, the tax authority is allowed to deny the benefit. Amendments are also made to provide guidance on residence tie-breaker rules, determination of permanent establishments, gains from the alienation of shares deriving value from immovable property, and other aspects of tax treaty application.