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  • Interpretation
  • No.49
  • Date
  • 1955/07/27
  • Issue
    • Is mens rea required for imposition of penalty under the Stamp Tax Act?
  • Holding
    •        The pecuniary fine provided in the Stamp Tax Act is purely an administrative penalty. Such penalty should be imposed in accordance with the Act and based on the seriousness of the violation. Intent is not a prerequisite before a violation is committed. The rationale of this Yuan*s Interpretation Yuan-Tze No. 1464 was based upon the specific circumstances at the time and thus shall be altered.
      
    • *Translated and edited by Professor Andy Y. Sun.
  • Reasoning
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