When land ownership is transferred or Dien rights are established, the review standards for the declared present value of the transfer shall be in accordance with the following provisions:
1. If the declarant files the declaration within thirty days from the contract date, the declared transfer value shall be based on the assessed present value of the land at the contract date.
2. If the declarant files the declaration more than thirty days after the contract date, the declared transfer value shall be based on the assessed present value of the land at the date the receiving agency accepts the declaration.
3. For bequested land, the declared transfer value shall be based on the assessed present value of the land at the date of the decedent's death.
4. For land transferred by court judgment, the declared transfer value shall be based on the assessed present value of the land at the date the declarant filed the lawsuit.
5. For land auctioned by a court or local branch of the Administrative Enforcement Agency, Ministry of Justice (hereinafter referred to as the branch of the Administrative Enforcement Agency), the declared transfer value shall be based on the assessed present value of the land at the auction date. However, if the auction price is lower than the assessed present value, the auction price shall be used; if the auction price has already deducted the amount of secured debts and other liabilities, such deductions shall be added back for the calculation of the transfer value.
6. For land acquired by government with purchase price approved by government or with agreed price, the declared transfer value shall be based on the assessed present value of the land at the government purchase date. However, if the government's compensation for the land is lower than the assessed present value at the purchase date, the government's compensation shall be used.
If the declared transfer value, as per Subparagraphs 1 to 4 of the preceding paragraph, is found to be lower than the assessed present value, the competent authority may purchase the land at the declared transfer value or levy the land value increment tax based on the assessed present value. If the declared transfer value, as per Subparagraphs 1 to 3, is found to exceed the assessed present value, the land value increment tax shall be levied based on the declared transfer value.
For cases of land transfer by court judgment, court auction, or government purchase with approved price or agreed price occurring between January 17, 1997, and October 30, 1997, where the tax has not been levied or tax amount has not been finalized in the end of the period, the review standards for the declared transfer value shall apply in accordance with Subparagraphs 4 to 6 of the first paragraph and the preceding paragraph.