Share or cash dividends declared by us out of our retained earnings and distributed to foreign stockholders, including ADS holders, are subject to Republic of China withholding tax, currently at the rate of 21%, on the amount of the distribution in the case of cash dividends or on the par value of the common shares in the case of stock dividends.
Share or cash dividends paid by us out of our capital surplus which are derived from the issuance of shares at a premium are not subject to Republic of China withholding tax. However according to the rulings of Ref. Tai-Tsai-Hsuei-Tzi-09504509440 issued by the Ministry of Finance of the Republic of China, if a company reduces its share capital and redeems for cash its outstanding common shares issued to the company’s stockholders by capitalization of capital surplus which derived from re-evaluation of assets, sale of lands and/or merger with other enterprise shall be deemed as the gain in the stockholders’ capital investment, and shall be deemed as stockholders’ dividend income (or investment revenue) and be subject to ROC income tax.
Holders of our common shares or ADSs that are foreigners are encouraged to consult a tax advisor concerning tax consequences of our dividend and cash distributions, as well as the consequences arising under the laws of any other taxing jurisdiction. We also urge you to consult your tax advisor regarding the availability of the foreign tax credit under your particular circumstances.
The Republic of China does not have an income tax treaty with the United States. On the other hand, the Republic of China has income tax treaties with Indonesia, Israel, Singapore, South Africa, Australia, Vietnam, New Zealand, Malaysia, Macedonia, Swaziland, the Netherlands, United Kingdom, Gambia, Senegal, Sweden, Belgium, Denmark, Paraguay, Hungary, France, India, Slovakia, Germany, Thailand, Switzerland, Luxembourg, Kiribati, Austria, Italy, Japan, Canada and Poland, which may limit the rate of Republic of China withholding tax on dividends paid with respect to common shares in Taiwan companies. It is unclear whether if you hold ADSs, you will be considered to hold common shares for the purposes of these treaties. Accordingly, if you may otherwise be entitled to the benefits of the relevant income tax treaty, you should consult your tax advisors concerning your eligibility for the benefits with respect to the ADSs.
Chunghwa Telecom was a state-owned company before, and became a private company on August 12, 2005 since the government’s holding down to less than 50%. MOTC owns 35.29% of shares now, and is regarded as a privatized company under R.O.C. law.
Chunghwa Telecom shares are traded with the symbol "2412" on the Taiwan Stock Exchange and the American depositary shares with the symbol "CHT" on the New York Stock Exchange.
We listed 96,500,000 ADR shares on the New York Stock Exchange on July 17th, 2003. Including the greenshoe exercised by the underwriters, the number of total ADR shares traded in the New York Stock Exchange is 110,975,000. We issued another 135.1 million and 61.3 million ADR shares on the New York Stock Exchange in 2005 and 2006 respectively.
Ten common shares are equal to one ADR share.
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Deloitte & Touche
We plan to sustain our dominant market leadership by enhancing core product features/functionalities, providing differentiated and even customized services as well as innovative devices to match the ever evolving preferences of the users. Also, we will continue focus on selected ICT services to better serve our corporate clients. At the same time, we will continue advanced network deployment to stay ahead of the industry transformations. In addition, we will continue streamline operational efficiency to better support our core business competitiveness and advanced technology development with improved cost management.
Currently the Company does not envision any adjustments to its capital structure, but retains the right to do so when necessary.