New Taxation Rate for Foreign Investment of Taiwan Real Estate
The revision of integrated housing and land tax 2.0 was passed by three read in Taiwan Legislative Yuan, The sales rate in 45% for holding less than 2 years; 35% for holding more than 2 years but less than 5 years. The purpose of this revisison is to curb the phenomenon of flipping properites, which was about to implemetned on July 1st in 2021.
From 01/01/2016, the launch of integrated housing and land tax policy aimed to make up for the losses incurred from imposition of income taxes and land value increment taxes by transaction of lands and houses as well as optimize the development of real estate market. To respond to “ Healthy Real Estate Market Plan” issued by Taiwan Executive Yuan as well as curb the phenomenon of flipping properite in the real estate market, the revision draft was drawn up by Taiwan Financial Bureu.
The previous verison of implementation in 2016 and revisoin in 2021 as follwiong comparison:
Applicable Rate
|
Individual within the Territory of Taiwan
|
Juridical Person within the Territory of Taiwan
|
Individual or Juridical Person outside the Territory of
Taiwan
|
Old
|
New
|
Old
|
New
|
Old
|
New
|
45%
|
<
1 Year
|
<
2 Years
|
Not Regulated
|
<
2 Years
|
<
1 Year
|
<
2 Year
|
35%
|
1~2
Year
|
2~5 Years
|
Not Regulated
|
<
2~5 Years
|
>
1Years
|
>
2 Years
|
20%
|
2~10
Years
|
5~10
Years
|
All Cases
|
>
5 Years
|
N/A
|
N/A
|
The revision this time is to take the presold houses with its foundation and certain shares into effect of transaction of real estate so as to curb the phenomenon of flipping properties, transfer of shares under the guise of company, tax evasion by making use of the act of transaction of properties. The definition of transaction of certain shares is the transacted amount of contribution capital or shares for listed or unlisted companies exceeds the half of total amount of shares or capital and more than 50% of shares or capital is consisited of properties within the territory of Taiwan. The aforementioned condition shall be taken into imposition of tax by integrated housing and land tax 2.0, but not applicable to the transacted number of sahres affiliated as listed companies.
The revision this time includeds the adds of exclusion clauses, such as the transfer of position persuant to the announcement issued by Taiwan Financial Bureau, holding of property within 5 years out of non-voluntary factors, and the lands owned by individuals being built up houses by cooperation with profit-seekign enterprieses. For those who hold and sell out the property within 5 years from the date of obtainment, the taxation rate is applicable in 20%. For individual or profit-seekign enterpirses which involve in the urban renewal persuant to “Urban Renewal Act” or reconstruction pursuant to “Statute for Expediting Reconstruction of Urban Unsafe and Old Buildings”, if the transfer of registration is proceeded for the first time within 5 years after the house and foundation builit up, the lower taxation rate in 20 is applicable.