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Chapter Law Content

Title: Estate and Gift Tax Act CH
Category: Ministry of Finance(財政部)
Chapter 3 Computation of Gift Tax
Article 19
Taxable gifts means the total amount of gifts made during the calendar year by the donor, less deductions provided in Article 21 herein and the exemption provided in Article 22 herein. The tax brackets and rates of consolidated gift tax are as follows:
(1)If the taxable gifts is less than or equal to NT$25,000,000, the tax rate shall be 10%.
(2)If the taxable gifts is above NT$25,000,000 to NT$50,000,000, the gift tax payable shall be NT$2,500,000 plus 15% for the portion of gifts more than NT$25,000,000.
(3)If the taxable gifts is above NT$50,000,000, the gift tax payable shall be NT$6,250,000 plus 20% for the portion of gifts more than NT$50,000,000.
For tax purpose, if the same donor makes gift twice or more in the same calendar year, all gifts made up to the time the latest transfer by gift occurs shall be included in computing the value of gifts, based on which gift tax is computed according to paragraph 1, and tax due for the latest transfer shall be the aforesaid tax amount less gift tax already paid.
Article 20
Exclusions from total amount of gifts include the following:
(1)Property donated to government agencies at various levels or public educational, cultural, public welfare, charitable or religious organizations;
(2)Property donated to public organizations or businesses fully owned by the government;
(3)Property donated to private incorporated educational, cultural, public welfare, charitable or religious organizations, or ancestor worshipping entities that meet the criteria prescribed by the Executive Yuan;
(4)Living, educational and medical expenses defrayed in favor of the dependents of the donor;
(5)Total value of crops and farmland given to the heir(s) provided under Section 1138 of the Civil Code. If the donee fails to use the farmland for agricultural purpose continuously for five years from the date of gift and fails to resume farming before the deadline set by the competent authority, or have resumed the use of farmland for agricultural purpose before the aforesaid deadline but subsequently fail to farm again, tax shall be made due retroactively, unless the disuse of farmland for agricultural purpose is due to the fact that the donee has died, or that the land is requisitioned by the government, or has changed zoning to non-farming purpose pursuant to law;
(6)Gifts made between spouses; and
(7)Wedding gifts given by parents to the extent of $1,000,000.
Gifts made between spouses and wedding gifts given by parents under $1,000,000 which occurred before 14 January, 1995, but the tax on which has not been levied or determined by the time the amended provisions in paragraph 1 was promulgated and came into force, will be subject to the provisions under subparagraphs (6) and (7) hereof.
Article 20-1
In case where a settlor furnished property for the creation of a charitable trust, or donated or added to charitable trusts that meet the requirements specified in Article 16-1 herein, and where the beneficiaries are entitled to the trust interest, the right to claim such trust interest may be excluded from total amount of gifts.
Article 21
Liability transferred together with the gift may be deducted from total amount of gift.
Article 22
An annual exemption of $2,200,000 may be deducted from total amount of gift for each donor.