FAQPublic Facilities Land Reservation
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Q： |
How to declare the inheritance tax reduction or exemption for the agricultural land in the inheritance? |
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A： |
The following documents should be submitted before the deduction can be granted:
The "Certificate of Agricultural Land for Agricultural Use" issued by the competent agricultural authority, or the "Certificate of Land for Agricultural Use Article 38-1 of the Agricultural Development Act" and issued by the competent authority of urban planning in compliance with the provisions of Article 38-1 of the Agricultural Development Act Official document of land. |
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Q： |
How to declare inheritance tax for reserved public facilities? |
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A： |
In accordance with Article 50-1 of the Urban Planning Law promulgated and revised on July 15, 1988, public facility reserves are exempt from inheritance tax due to inheritance. Therefore, the decedents who die after this day can be exempted from inheritance tax only if they leave the reserved land of public facilities. However, in order to handle inheritance registration, it is still necessary to incorporate this reserved land into the total amount of inheritance, and then deduct the same amount from the total amount. Please also attach the certificate of land use zoning issued by the competent authority of the land where the urban plan was compiled and whether it is a public facility reserve, so that the National Taxation Bureau can check. |
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Q： |
If the reserved land of public facilities is expropriated, how should it be declared for inheritance tax? |
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A： |
This question is divided into the following two situations to illustrate:
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Q： |
How is the estate value of real estate calculated? |
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The calculation of the estate value shall be based on the current price at the time of the decedent's death. If the decedent is declared dead, the current price on the date of death declared by the court shall be the standard. The current price mentioned above is based on the announced current value of the land, and the evaluation standard price of the house. |
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Q： |
How to calculate the inheritance value of stocks of publicly listed or OTC companies? |
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For any securities that have been listed on the stock exchange (hereinafter referred to as listing) or traded in the business premises of securities firms (hereinafter referred to as OTC or emerging OTC), the closing price or emerging price of the listed or OTC securities on the succession start date The weighted average transaction price of the counter company on the day is estimated. However, if there is no buying and selling price on the day, it shall be estimated based on the closing price of the listed or OTC stock securities or the weighted average transaction price of emerging stocks on the last day before the succession start date; estimated by the average price of the daily closing prices of the listed or OTC securities or the daily weighted average transaction prices of emerging stocks within the preceding month. If it is a stock listed for the first time or listed (Xing) over the counter, before the public market is officially listed for trading or OTC trading starts, although there is no closing price, if there is a public underwriting price, it should be based on the underwriting price of the stock on the day of death or the recommended securities firm of subscription price to calculate. |
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