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Taxation - Taiwan

Question

Gift Tax

Answer
Q:
Which properties should be jointly declared for gift tax?
A:
If the donor wants to donate his own property to others, he should apply for a gift tax declaration. The so-called "property" refers to real estate, movable property and all other rights with property value, such as land, housing, cash, gold, stocks, stock certificates, deposits, public bonds, trust interests, capital contributions of sole proprietorship partnerships, mining rights, fishing rights wait.

Q:
Can those properties be excluded from the total gift tax?
A:
The following 8 items of property may not be included in the total gift tax:
  1. Property donated to governments at all levels and public educational, cultural, public welfare, and charitable organizations.
  2. Property donated to public institutions or public enterprises with all public shares.
  3. Property donated to educational, cultural, public welfare, charitable, religious groups, and public offerings that are legally registered as foundations and meet the standards set by the Executive Yuan.
  4. Living expenses, education expenses and medical expenses paid by the support obligor for the dependents. For example, parents pay for the living expenses of their children.
  5. Agricultural land and crops on the land used for agriculture may not be included in the full value of the land and crops on the land when it is donated to the heirs specified in Article 1138 of the Civil Code. However, within 5 years from the date of receiving the gift, the donee has not continued to use the land for agriculture and has not resumed agricultural use within the time limit ordered by the relevant authority or has resumed agricultural use within the time limit ordered by the relevant authority. In the case of non-agricultural use, the payable tax should be recovered, but if the donated land is expropriated or legally changed to non-agricultural land due to the death of the recipient, no gift tax should be recovered.
  6. Property donated to each other by spouses.
  7. The total amount of property donated by parents at the time of their children's marriage does not exceed NT$1 million.
  8. The beneficiary shall enjoy the right to trust benefits when the settlor provides property to establish, donate or join a charitable trust that meets the provisions of Article 16-1.

Q:
Should minors apply for public underwriting (underwriting) sales of stocks and win the lottery, should they declare gift tax?
A:
If the stock issuing company is approved by the Financial Supervision and Administration Commission of the Executive Yuan to underwrite or underwrite the public lottery, if there are minors who win the lottery and the part of the lottery allotment, each person should pay no more than the gift tax exemption amount of New Taiwan dollars 2.44 million yuan, when handling the stock transfer, it can be exempted from inspection and attach certificates such as gift tax payment or tax exemption. If there is precious gift information in the current year, and the total gift amount exceeds the tax-free amount, you still need to declare gift tax. If you fail to declare after the deadline, you will be taxed by the tax authority and sent to a fine.

Q:
Is gift tax levied on property purchased by minors?
A: According to the inheritance and gift tax law, if parents purchase property for their minor children, unless they can prove that the purchase price of the property is indeed owned by the minor children, it will be deemed as a gift from the parents to the minor children, and they should declare to the department Levy gift tax.

Q:
Is gift tax levied if a house is built in the name of a minor child?
A: In the name of a minor child who is the builder of the house and applies for and receives a construction license to build a house, the date of the gift should be the date when the house construction is completed and the use license is obtained, and the gift tax shall be declared according to law. If the child has not yet If you are an adult and you are an adult when you receive a license to use, it still belongs to the act of "purchasing property for others with your own funds without compensation" as stipulated in the Inheritance and Gift Tax Law, and gift tax should be levied.

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