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Taxation Administration,Ministry of Finance,R.O.C.Law Source Retrieving System of Taxation Laws and Regulations

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Tax Related Laws & Regulations

Tax Act:
Land Tax Act
Article 30
Content:
When the land title is transferred or has Dien created, the present transfer value declared shall be subject to review by the following rules:
1. If the declaration is filed within thirty days from the date the contract was entered, the assessed present value at the time the contract was entered shall be used as basis.
2. If the declaration is filed beyond thirty days after the date the contract was entered, the assessed present value at the time the declaration was received by the competent tax authority shall be used as basis.
3. For land transferred as gift causa mortis, the assessed present value at the time the legator passed away shall be used as basis.
4. For land transferred under court order, the assessed present value at the time the declarant filed action with the court shall be used as basis.
5. For land transferred under auction by court or local branch of the Administrative Enforcement Agency, Ministry of Justice (hereinafter referred to as the branch of the Administrative Enforcement Agency), the assessed present value at the time the sale was finalized shall be used as basis; but if the auction price is lower than the assessed present value, the former shall govern; if the auction price has deducted mortgages and other debts, the auction price plus such deductions shall govern.
6. For land acquired by government ad valorem or purchased at an agreed price, the assessed present value at the time of government acquisition or purchase shall be used as basis. But if the price paid by the government is lower than the assessed present value at the time of acquisition or purchase, the former shall govern.
If the land transfer value as declared by the declarant in Subparagraphs 1 ~ 4 of the preceding paragraph is lower than the assessed present value, the competent authority may purchase the land at the declared transfer value or impose land value increment tax based on the assessed present value. If the land transfer value declared by the declarant in Subparagraphs 1~3 of the preceding paragraph exceeds the assessed present value, the declared transfer value shall be used as basis for imposing land value increment tax.
For cases of land title transfer under court order, court auction, government-approved acquisition ad valorem, or government purchase under agreement that occurred from January 17 to October 30, 1997, but the tax on which has not been levied or determined by the end of the period, the provisions under Subparagraphs 4~6 of Paragraph 1 and the preceding paragraph hereof shall apply in the review of declared transfer value.
 Update:2021-07-29

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