IN
DoubleTaxation.tax residence check for Indians abroad

Tax residence in Taiwan for Indian taxpayers

Taiwan treats a foreigner as resident after 183 days or more of stay in a calendar year. Citizens of Taiwan with a household registration are resident with 31 days — or even fewer if the centre of their life and economic interests is in Taiwan. Even a resident pays Taiwan's regular income tax only on Taiwan-source income; Indian and other foreign income can fall only under the minimum (basic) tax. India counts days over 1 April – 31 March. If both claim you, Art. 4(3) of the 2011 Agreement between the India-Taipei Association and the Taipei Economic and Cultural Center decides — without a nationality test — and both sides give credit (Art. 23).

Check your status: India and Taiwan

Free, no sign-up, about 3 minutes. Conclusion under Indian income-tax law, compared with the law of Taiwan and the tax treaty.

When Taiwan treats you as a tax resident

Taiwan has two residence criteria. The first is domicile and habitual residence: the Ministry of Finance ties it to household registration (戶籍), which only citizens entered in Taiwan's household register have. So Taiwanese citizens are asked about registration first; for foreigners (including holders of a resident certificate, ARC) only the second criterion applies — 183 days of stay in the calendar year.

If you had a household registration in Taiwan in the tax year, the number of days decides: 31 days or more — you are resident; 1 to 30 days — resident if your centre of life and economic interests is in Taiwan. Without registration only the 183-day criterion applies.

A person with a household registration is resident if he or she stayed in Taiwan for a total of 31 days or more in the calendar year. Days are counted from entry and exit dates: the first day of a trip does not count, the last does; trips are added up.

With 1 to 30 days of stay and a household registration you are resident only if your centre of life and economic interests is in Taiwan. If you were not in Taiwan on a single day this year, none of the criteria of the Ministry of Finance ruling is met.

Taiwan's tax authorities assess the centre of life and economic interests as a whole: whether you are covered by Taiwan's social insurance (in particular National Health Insurance), whether your spouse or minor children live in Taiwan, and whether you run a business, manage assets, work or hold a post as director or manager there.

You do not know the exact number of days. If your centre of life and economic interests is in Taiwan, one day of stay is enough; otherwise 31 days are needed, and without the number of days your status cannot be determined.

You are not sure whether you had a household registration. 183 days of stay make you resident regardless of it; with fewer days the result depends on the registration — check it with an extract from the household register.

Without a single day in Taiwan this year you are not resident either by household registration or by days. If there were days, the result depends on whether you had a registration.

Without a domicile (household registration) you are a resident of Taiwan if you stayed there for a total of 183 days or more in the calendar year. The reason for the stay does not matter; the days of all trips are added up, with the first day of each trip not counted and the last day counted. A home, family or job in Taiwan does not make you resident without 183 days.

When you are a nonresident

Where the rules of Taiwan clash with Indian tax rules

What else to know

How dual residence is resolved

If both countries treat you as a resident, Art. 4(3) of the treaty applies: Agreement between India-Taipei Association in Taipei and Taipei Economic and Cultural Center in New Delhi for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income, signed at New Delhi on 12 July 2011 (adopted in India by Notification No. 48/2011, S.O. 2040(E), 2 September 2011, under s. 90A of the Income-tax Act, 1961). The tests are applied in order — permanent home, centre of vital interests, habitual abode, nationality, and finally mutual agreement between the tax authorities.

The treaty in detail: income, rates, the 183-day rule →

Terms you will come across in Taiwan

所得稅法
Income Tax Act; residence criteria — Art. 7(2)
住所
domicile; the Ministry of Finance ties it to household registration
戶籍
household registration: only Taiwanese citizens have it, and with it 31 days of stay make you resident
綜合所得稅
consolidated individual income tax: 5% to 40%, only on Taiwan-source income
所得基本稅額條例
Income Basic Tax Act: the minimum tax that can reach income from outside Taiwan
各類所得扣繳率標準
Withholding Rate Standards, including the rates for non-residents

Questions

Is there a tax agreement between India and Taiwan?

Yes: the Agreement signed at New Delhi on 12 July 2011 between the India-Taipei Association in Taipei and the Taipei Economic and Cultural Center in New Delhi, adopted in India by Notification No. 48/2011 under s. 90A of the Income-tax Act, 1961. It applies in India from 1 April 2012 and in Taiwan from 1 January 2012.

Does Taiwan tax my salary for a short assignment if I remain resident in India?

Taiwan law exempts pay from a foreign employer if you stayed no more than 90 days in the year. If India is your state of residence, Art. 15(2) of the Agreement extends this to 183 days in any twelve-month period commencing or ending in the fiscal year concerned, provided the employer is not resident in Taiwan and the pay is not borne by its permanent establishment there.

What happens if both India and Taiwan treat me as resident?

Art. 4(3) decides by permanent home, then centre of vital interests, then habitual abode. If the habitual abode is in both territories or in neither, the competent authorities settle the case by mutual agreement — nationality is not a criterion.

Sources

Legislation and official guidance

Updated 10/11/2026. The result is for information only and is not tax or legal advice. Tax authorities and courts may interpret the rules differently, including because of circumstances not covered here, and the law changes. Consult a qualified adviser before making decisions.

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