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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 39
Content:
Requisitioned land is exempted from land value increment tax; if the owner of private land subject to requisition according to law voluntarily sells the land to the land use applicant, the forepart provision is applicable.
The provisions of the forepart of the preceding paragraph apply to the transfer of land that has been designated as reserved land for public facilities under urban planning, but not yet been requisitioned. But if the aforesaid land is transferred again after it has been changed to non-reserved land, the original decreed land value or the latest approved declared transfer value of the land prior to its first tax-exemption status shall be used as its original land value for calculation of the total incremental value and imposition of land value increment tax.
The provisions of the forepart of the first paragraph apply to the transfer of non-urban land that has been proven for use for public facilities constructed or under planning, and after designated by law, but not yet been requisitioned by a land use applicant. But if the aforesaid land is transferred again after it has been changed to non-public facilities use, the original decreed land value or the latest approved declared transfer value of the land prior to its first tax-exemption status shall be used as its original land value for calculation of the total incremental value and imposition of land value increment tax.
The certification of the issuance of the procedure and other related matters under the preceding paragraph shall be stipulated collaboratively by the Ministry of Finance and the relevant authorities.
At the effective date of the amendment of this Act on May 21, 2021, the third paragraph shall be applicable to the cases not currently being assessed or pending final decision.
 Update:2021-07-29

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