Life Insurance Policies and Tax Enforcement: How the Supreme Court Ruling Changed the Game

2024-03-09 22:00:00

The electronic amusement arcade run by Lin Zhongyi is making money every day. With his vast wealth, he owes hundreds of millions of dollars in taxes, and his family has become a gangster target for ransom. (Photo / Newspaper photo)

In the past, life insurance policies were regarded as a way for the rich to avoid taxes and hide their money. Many large tax-defaulters had no property in their names, but spent a lot of money to buy life insurance policies because the courts had different opinions on whether the policies could be the subject of enforcement. However, in 2022 At the end of the year, the Supreme Court’s Grand Chamber issued the ruling “Taiwan Anti-Japanese War No. 897 of 2018”, confirming that life insurance policies can be the subject of enforcement. Since then, large tax arrears have lost a tax avoidance channel, and life insurance policies have also become a target for tax authorities and administrative enforcement agencies. tax target.

There are two cases of large tax arrears under the jurisdiction of the New Taipei Branch and the Taoyuan Branch of the Administrative and Enforcement Administration. Not only do they have a total tax debt of hundreds of millions of dollars, but they have no property in their names, and they have already left the country, but they have multiple bills worth tens of millions. He also complained to the tax authorities about his poverty, saying that he was living in difficulty and had no money to pay taxes!

Among them, Lin Zhongyi, nicknamed “Little Boy Yi”, is a big tax arrears man. He was once a famous video game tycoon in New Taipei City. Lin Zhongyi made a lot of money by running electronic amusement arcades such as “Wang Ye” and “Hu Ye” in Banqiao area. Lin Zhongyi’s son Lin Yifan In 2005, he was kidnapped by gangs from all over the Taiwan Strait and held for HK$100 million. His family famously paid a ransom of US$4 million. The captain of the Taipei County Police Department’s Criminal Police Brigade who took the lead in solving the case was Huang Mingzhao, the current Police Commissioner. In 2011, Lin Zhongyi owed more than 50 million yuan in entertainment tax, comprehensive enterprise tax, and business tax, but only paid off more than 90,000 yuan. He was issued a “Luxury Prohibition Order”, which restricted him from purchasing, renting, or using goods or services above a certain amount. wait. Later, Lin Zhongyi left the country, and even if he was ordered to be detained and detained, it would be of little use to him.

The properties under the names of large tax arrears are often seized and auctioned by the Administrative Enforcement Department, and now life insurance policies have become the focus of tax authorities. (Picture/reproduced from Taipei Branch Facebook)

Fortunately, the New Taipei Taxation Office discovered that Lin Zhongyi had purchased nearly 100 million yuan in insurance policies under his name, mainly life insurance, including foreign currency policies and investment policies. The tax office therefore filed a civil lawsuit for compensation, claiming that the policy should be terminated and reimbursed. Lin Zhongyi and the insurance company stated their objections to the tax arrears and late interest. The two parties have been engaged in litigation for three years since 2020. It was not until the Supreme Court Grand Chamber’s ruling was issued that the New Taipei Taxation and Taxation Office turned defeat into victory. In order to avoid the policy being terminated and losing the insurance benefits, Lin Zhongyi not only withdrew the appeal, but also took the initiative to pay the arrears of more than 23.58 million yuan. Taxes and execution costs are more than 880,000 yuan.

Another case involving a large tax arrears is even more outrageous. Xu Hengfu, who is in his 80s, has an annual family income of 20 million yuan and a net worth of 800 million yuan, but he refuses to pay 11 million yuan in income tax. The Taoyuan Branch of the Administration found that he earned 110 million yuan from selling his house and spent tens of millions of yuan to buy several insurance policies the following year. The IRS first executed his life insurance policy in Paris, France, amounting to 3.77 million yuan. Xu Hengfu claimed that he had At the age of 80, he and his family relied on the protection of life insurance contracts. He argued that the compulsory seizure was illegal and sued BNP Paribas Life.

However, the High Court held that Xu’s family had an average annual income of 20 million yuan and a net worth of 800 million yuan when he took out the insurance. Even if the insurance contract was terminated, it would have little impact on the Xus and his wife’s basic life. Therefore, the verdict was lost because Xu failed to pay the appeal fee9 5,500 yuan, the appeal was rejected in April 2023. The IRS also plans to continue his policies with other insurance companies.

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