Mr. Huang, owner of a laundry business with over 6 stores under his name, had withheld paying comprehensive income tax and labor pension funds for a few years, with the outstanding amount due totaling NT$1.95 million. After being questioned by an enforcement officer on April 8, 2022, it was deemed that there was reasonable cause for taking him into custody and he was served with a detention notice. Upon learning of this, Mr. Huang promptly raised NT$1 million in cash to pay the amount due, with the remaining balance to be paid in installments and after a third party executed a guarantee, upon which he obtained his freedom.

According to the Taipei Branch of the Administrative Enforcement Agency, Ministry of Justice (hereinafter referred to as the “Taipei Branch”), the taxpayer Mr. Huang owns several laundry companies, with 6 laundry stores currently in operation and is rather well known in the industry. However, the National Taxation Bureau of Taipei has successively sent payment notices for comprehensive income tax to the taxpayer Mr. Huang every year since 2018. As Mr. Huang failed to pay any of the income taxes due since then, the National Taxation Bureau of Taipei referred the case to the Taipei Branch.

The Taipei Branch found that Mr. Huang still remitted a large amount of funds from his deposit bank account after the tax notice was served and had made monthly credit card bill payments up to tens of thousands of dollars and there is reason to suspect that he has concealed and disposed of his property. Furthermore, it was obvious that Mr. Huang deliberately failed to fulfill his taxpaying obligations despite being capable of doing so, he was therefore issued an order to declare his property and a deadline to perform the order, as well as appearing before the Taipei Branch to declare his case. However, Mr. Huang ignored all such orders. The Taipei Branch then applied for an arrest warrant with the Taipei District Court, which was subsequently approved. On April 7, 2022, enforcement officers of the Taipei Branch proceeded to the company operated by Mr. Huang to execute the arrest. Although Mr. Huang was not present, he was contacted through his employee and was scheduled to report to the Taipei this morning.

Upon arriving at the Taipei Branch, Mr. Huang proceeded to present justifications for the large amount of bank remittances and credit card bills. However, the enforcement officer judged that the conditions for detention were met and served Mr. Huang with a detention notice on the spot. Sensing the determination of the Taipei Branch in enforcing the law, Mr. Huang promptly raised funds and paid NT$1 million, which was more than half of the outstanding amount due, while agreeing to pay the remaining amount in 10 installments. Mr. Huang’s guarantor executed a guarantee to warrant that Mr. Huang would perform according to the agreed schedule. The Taipei Branch then agreed to release Mr. Huang from detention.

The Taipei Branch urges the public not to ignore notices issued by the Branch of Administrative Enforcement Agency and to actively deal with public law monetary debts that are in arrears and should never seek to conceal or dispose of property. Furthermore, obligors should seek to resolve debts earnestly to avoid the Branch of Administrative Enforcement Agency from performing lawful arrests and detentions.