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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 07:58
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Chapter Law Content

Title: Urban Renewal Act CH
Category: Ministry of the Interior(內政部)
VI Incentives
Article 65
Building bases within the area covered by an urban renewal project plan may be given appropriate floor area incentives in accordance with the needs of the project. The floor area after the incentive is given may not exceed 150% of the floor area standard of each building base, provided that the total floor area does not exceed the threshold specified in the enforcement rules established in accordance with Article 85 of the Urban Planning Law.
Where one of the situations described in the following subparagraphs exists, the floor area after the incentive is given may be calculated according to the most advantageous of the following regulations and the restriction prescribed in the second section of the preceding paragraph shall not apply:
1. The original floor area of legal buildings completed before implementation of building bulk control is higher than the floor area standard: The total floor area may be up to 30% of the floor area standard plus the original floor area of each building base, or 120% of the original floor area of each building base.
2. The legal buildings stated in the preceding subparagraph are deemed by the competent authority of the municipality or county (city) as structures of high chloride ion reinforced concrete or insufficient seismic capacity for obvious hazardous to the public safety: The total floor area may not exceed 130% of the original floor area of each building base.
3. A strategic renewal area is demarcated or changed by the competent authority according to Article 8 and the renewal is to be conducted according to Paragraph 1 of Article 12, and the area of the renewal unit achieves over ten thousand square meters: The total floor area may not exceed 200% of the floor area standard of each building base or 50% of the floor area standard of the building base plus the original floor area.
Buildings complying with the description in Subparagraph 2 of the preceding paragraph may be constructed in accordance with the floor area upper limit after the incentive is given, but the builder may not file any further application for the incentives specified in Paragraph 5, autonomous regulations or other laws and regulations.
When an urban renewal project is carried out in a renewal area demarcated or changed according to Articles 7 and 8, the building height and coverage ratio restrictions may be relaxed. The competent authority of the municipality or county (city) shall define the standards. However, relaxation of the building coverage ratio restriction shall apply to building bases in residential areas only and the ratio after relaxation may not exceed the original building coverage ratio.
The central competent authority shall establish regulations regarding the floor area incentive items, calculation, amounts, application conditions and other related matters. According to the characteristics and needs of urban development, the competent authorities of municipalities or counties (cities) may establish autonomous regulations to govern the floor area incentive items, calculation, amounts, application conditions and other related matters.
Floor area incentives given according to the autonomous regulations established by competent authorities of municipalities or counties (cities) as described in the preceding paragraph may not exceed 20% of the floor area standard of each building base. Floor area incentives given according to Subparagraph 3 of Paragraph 2 may not exceed 40% of the floor area standard of each building base.
When establishing regulations or autonomous regulations according to Paragraph 5, the competent authorities at different levels shall take into consideration contributions to the urban environment, effects on the service standards of public facilities, contributions to preservation and protection of cultural assets, applications of new technologies, and facilitation of implementation of urban renewal project.
The central competent authority shall establish regulations to govern the method, procedure, standard and related matters associated with assessment of buildings with insufficient seismic capacity for obvious hazardous to the public safety as specified in Subparagraph 2 of Paragraph 2 and Paragraph 3 of Article 57.
The regulations before amendment shall apply to urban renewal project plans established and approved before enforcement of the amended provisions of this Act on Jan. 30, 2019.
Article 66
In an urban renewal area, the floor area on land reserved for public facilities, sites and buildings to be preserved according to law or as specified in urban plans, buildings on sites deemed by the competent authority of the municipality or county (city) as worthy of preservation, land or street blocks with buildings reviewed and decided to be preserved according to Article 29, or land to be utilized to promote more effective use may be partially or entirely transferred to be used by other buildings in the building base. Regulations established according to Paragraph 2 or Article 83-1 of the Urban Planning Law with regard to approaches of floor area rights to be transferred out, the range of area for floor area rights to be transferred in, the upper limit on a building base floor area rights can be transferred in, the corresponding conversion formulas, transfer approaches and operating procedures shall apply mutatis mutandis.
The whole building bulk mentioned in the above paragraph that has been transferred to another building site for construction should register the original private-owned land as being publicly owned.
Article 67
The taxes of the lands and buildings within the renewal unit are reduced/exempted in accordance with the following regulations:
1. Lands that cannot be used during the renewal are exempted from land value tax; and for those lands that can be continually in use; the land value tax is reduced to half. However, for those that did not finish their renewals according to the planned schedule due to the owners' responsibilities, the land value tax will be collected in accordance with the law.
2. After the renewals, the land value tax and the house tax will be reduced to 50% for two years.
3. If legal building owners before renewal in a redevelopment zone acquire buildings after renewal and the properties are not transferred within two years during the two-year period of house tax reduction by half, the competent authority of the municipality or county (city) may extend the house tax reduction by half for up to ten years depending on the status of development of the area and whether the financial situation allows. The regulation shall not apply to buildings for which the two-year period of house tax reduction by half already expired before enforcement of the amend provisions of this Act on Dec. 28, 2018.
4. When land and buildings acquired through rights transfer are transferred the first time, the land value increment tax and deed tax shall be reduced by 40%.
5. The land value increment tax of those not willing to participate in the right transformation and claim for cash compensation is reduced by 40%.
6. The allocated land received through the implementation of the right transformation that did not reach the minimum unit of area distribution and had changed in order to claim for cash is exempted from land value increment tax.
7. If the lands and buildings are used to offset the payment sharing of right transformation during the implementation of the right transformation, the land value increment tax and the deed tax are exempted.
8. When original landowners and the implementer transfer property rights after joint construction agreement, the competent authority of the municipality or county (city) may reduce the land value increment tax and deed tax by 40% depending on the status of development of the area and whether the financial situation allows.
The duration in which Subparagraphs 3 and 8 of the preceding paragraphs are to be implemented shall be five years starting from the date of enforcement of the amended provisions of this Act on Dec. 28, 2018. The Executive Yuan may extend the duration once only for six months prior to the expiration of the period depending on the situation.
Subparagraphs 3 and 8 of Paragraph 1 shall apply mutatis mutandis to urban renewal project plans for which are already presented for approval or approved but not yet completed before the implementation period stated in the preceding paragraph expires and building permit application are already filed within two years after the plans are approved or within one year after the right transformation plan is approved and the project is completed according to established schedules.
Article 68
If the land within the renewal area is used as a trust property and has instituted deeds of trust to specify the trust person as the beneficiary, the gift tax will not be collected.
Transferring of ownership, because of the trust relationship, between the trust person and the beneficiary of the trust land mentioned in the preceding paragraph will not be collected for land value increment tax.
Article 69
For those who use the land within the renewal area as a trust property and when the trust relationship continues to exist, the trustee will be the taxpayer of the land value tax or the agricultural land tax.
The land value taxes of the land mentioned in the preceding paragraph and the land owned by the trust person in the same municipal or county (city) jurisdiction should be combined in computing its total amount. A land value tax will be collected in accordance with the tax rate stated in the regulation stipulated in Article 16 of the Land Tax Act. The land value tax payable based on the proportion of such land value tax over the total land value tax amount will be separately computed. However, if the beneficiary of the trust benefits is not the trust person and is in line with the regulations stipulated in the following subparagraphs, the land mentioned in the preceding paragraph should combine with all lands owned by the beneficiary in the same municipal, or county (city) jurisdiction in computing its total amount:
1. The beneficiary is confirmed and entitled to all the trust benefits.
2. The trust person did not reserve the right to change the beneficiary.
Article 70
If the implementer is an urban renewal project corporation organized as a limited company, up to 20% of the total funds invested in an urban renewal project implemented in the renewal area demarcated or changed by the competent authority may be reduced from its business income tax of the year in which the urban renewal project is completed. If the business income tax to be paid in the year is less than the amount to be reduced, the reduction may be conducted in the four following years.
Where an urban renewal project is implemented by the competent authority or an approved agency (institution) in accordance with Article 12 after public solicitation of capital and assistance from limited companies for implementation of the urban renewal project is conducted, and the responsibilities and division of labor and contents of assistance are also specified in the urban renewal project plan, the business income tax reduction .regulation stated in the preceding paragraph may apply mutatis mutandis to such companies.
The off-set reduction total of the investment off-set reduction mentioned in the preceding two paragraph allowable each year is limited to no more than 50%of the business profit tax of such a company for that fiscal year. However, the last fiscal year's set-off reduction total is not restricted by this regulation.
The applicable coverage of the investment set-off reduction mentioned in the paragraph 1 and 2 should be instituted by the Ministry of Finance after conferring with the Ministry of Interior.
Article 71
If the implementer is a newly established company and has been operating an urban renewal project, it may publicly recruit corporate shares. The founders should include a development professional company of real estate investment development and owners of the real estate with the urban renewal project plan and owner of the superficies right. Their total shareholdings cannot be lower than 30% of the total shares of the newly established company and they should report to the central authority for approval.
The owners of the fixed properties within the urban renewal project plan and the owner of the superficies right should have priority when participating as the company founders in establishing a company mentioned in the preceding paragraph.
If the implementer is a fixed property investment development listed company, it can publish a specific usage company's bond to raise funds for the urban renewal project plan, and Article 247 of the Company Act does not restrict it.
When issuing corporate bonds with designated purposes, a listed real estate investment and development company as described in the preceding paragraph shall present certificates of approval by competent authorities at different levels to apply to and obtain the permission from the securities administration agency before it may begin operation.
Article 72
Financial institutions giving loans to land and legal building owners, implementers or professional real estate investment and development companies participating in urban renewal project approved by the competent authority shall not be subject to Article 72-2 of the Banking Act.
If necessary, the financial authority may stipulate the upper limit of loans described in the preceding paragraph to be given by financial institutions.
Article 73
Important public facilities that need construction due to the implementation of the urban renewal project, except being stipulated in other regulation(s) of this Act, the implementer can request the management of such public facility to shoulder the whole or part of the expenses required for the construction. The expenses sharing should be specified in the urban renewal project plan.
The authorities should coordinate with the renewal schedule and prioritize the construction and set out the management for the relative public facility required outside the renewal area.
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