FAQPenalty of Gift Tax
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Q： |
How to calculate the amount that can be deducted if the reserved land of public facilities in the donated property is used to offset the gift tax? |
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A： |
When the donee is the taxpayer, the taxpayer can use the value of the public facility reservation to offset the gift tax on the public facility reservation exempted from gift tax in accordance with Article 50-1 of the Urban Planning Act. The taxable amount calculated as a percentage of the total donated property is limited. However, if the donator is the original holder of the reserved land for public facilities and its succession and transfer, the taxpayer can fully offset the gift tax if it meets the requirements for offsetting in kind. In addition, if an application is made to offset the gift tax with property other than the subject matter of the collection, the calculation of the offset value shall be based on the date of application, and the valuation regulations of the relevant inheritance or donated property shall apply mutatis mutandis.
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Q： |
How to apply for a gift tax certificate? |
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A： |
After the taxpayer of gift tax has paid off the tax payable, fines, overdue fees and interest, he can obtain a gift tax payment certificate from the National Taxation Bureau with the payment receipt. If there is no tax payable after verification, a gift tax exemption certificate will be issued. For those who have special reasons that must be registered for the transfer of property rights before paying off the tax, they can apply for consent to transfer after submitting a definite tax payment guarantee to the State Taxation Bureau. transfer certificate. For properties that are not included in the total gift amount according to regulations, you can apply to the National Taxation Bureau for a certificate of not included in the total gift amount. |
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Q： |
What certificates can be used to register property rights for donated property? |
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A： |
Donated property must be registered with the gift tax payment certificate or gift tax exemption certificate or consent transfer certificate or certificate not included in the total gift amount issued by the National Taxation Bureau. The above-mentioned certificates are issued in different situations, please refer to the content of question number 4603. |
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What is the penalty for failing to declare gift tax within the prescribed time limit? |
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If the taxpayer fails to complete the gift tax declaration within the prescribed time limit, in addition to the additional tax payment, a fine of less than twice the approved tax payable will be imposed. However, if the approved tax payable is less than NT$10,000, no penalty will be imposed. If a supplementary report is made automatically without being reported by someone and without investigation by a person designated by the tax collection agency or the Ministry of Finance, in addition to supplementary taxation In addition to the gift tax, interest should be added to the overpaid gift tax, which will be levied together, but there is no need to be fined. |
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What will be the penalty for missing or short reporting of gifted properties, or failing to report all previous gifts within the same year? |
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The taxpayer has declared the gift tax in accordance with the regulations, and if there is any omission or under-reporting of the donated property, in addition to the additional tax, a penalty of less than twice the amount of the evaded tax will be imposed. However, the under-reporting of the gift If the tax amount is less than NT$10,000 or the under-reported net gifted property is less than NT$100,000, no penalty will be imposed. If tax evasion is intentional by fraud or other improper methods, in addition to tax payment A fine of 1 to 3 times the amount of tax evasion shall be imposed. If the person who makes up the report automatically before the investigation is not conducted by the investigation agency or the personnel designated by the Ministry of Finance, in addition to the tax payment, the fine will be exempted. However, interest should be added to the supplementary tax and collected together. |
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