The simple answer is that of course a limit order can be a taker otherwise no one would ever pay taker fees and every order would be a limit to avoid fees. The maker fee rules will include a minimum amount of time either a given order or the average over the day must be on the book to receive maker fees.
The more complicated answer is that some orders can be both.
Let's expand your market depth to include volume and including current best bid @ 90 (ignore the wide spread):
side |
price |
quantity |
bid |
90 |
10 |
ask |
101 |
1 |
ask |
102 |
1 |
ask |
103 |
1 |
ask |
104 |
1 |
ask |
105 |
1 |
so you enter your order at 103 for 5 lots the order book will end up as:
side |
price |
quantity |
bid |
90 |
10 |
bid |
103 |
2 |
ask |
104 |
1 |
ask |
105 |
1 |
so 2 lots of your order is left on the book. Those 2 lots will, on most exchanges if they remain unmatched long enough, attract maker fees and you will pay taker fees on the other 3 lots. Congratulations; you are now best bid.
So the real answer is that if you enter a limit order that takes all of the liquidity on the other side it will incur taker fees for obvious reasons - otherwise the exchange would never be paid any fees. If your order will partially take all of the liquidity at its price and then become the best bid/ask it can both receive maker and pay taker fees.