Those Who Used 'Once in a Lifetime' Can Still Be Taxed at 10% on Land Value Increment; 'One Home for Life' Requires 5 Conditions
The Hsinchu County Government Tax Bureau explains that people who have already used up their 'once-in-a-lifetime' opportunity can still qualify for the 10% tax rate when they later sell owner-occupied residential land, as long as all conditions are met.
- The Hsinchu County Government Tax Bureau said that people who have used 'once in a lifetime' can still be taxed at 10% on land value increment when they sell owner-occupied residential land again, if they meet the conditions.
- 'One home for life' can be applied repeatedly with no limit on the number of times, but all 5 conditions must be met.
- The land area thresholds for 'one home for life' are within 150 square meters for urban land and within 350 square meters for non-urban land.
The owner-occupied residence preference for the land value increment tax is not limited to 'once in a lifetime.' People who have already used up that opportunity and later sell a home that meets the 'one home for life' rules are likewise taxed at 10%, under Article 34, Paragraph 5 of the Land Tax Act.
The Tax Bureau explained that this preference has no limit on the number of times it can be used, but the review is stricter than for 'once in a lifetime,' and all 5 conditions are required. The first concerns area: only urban land of up to 150 square meters, or non-urban land of up to 350 square meters, that is sold receives the preference.
The second concerns the homes held: at the time of the sale, the owner, spouse and minor children may not own any other home besides this owner-occupied residence. The third concerns holding period: before the sale, the owner must have held the land for at least 6 years.
The fourth concerns household registration: before the sale, the owner, spouse or minor children must have had household registration on this land and must have held this owner-occupied residence for 6 consecutive full years. The fifth concerns use: within 5 years before the sale, it may not have been used for business or rented out.
The Tax Bureau said this system is meant to look after ordinary families made up of a married couple and minor children, so that they bear somewhat less tax when changing homes.
People who have already used 'once in a lifetime' and plan to change homes can check, before selling, the area, the homes held, the holding period, the household registration and the use of the property, item by item. If it was used for business or rented out within 5 years before the sale, the fifth condition is not met. Whether the preference actually applies can be asked of the Hsinchu County Government Tax Bureau.
Quick quiz
2 questions; pick an answer to see the explanation
- For people who have already used 'once in a lifetime,' what is the rule on the number of times the 10% rate under 'one home for life' can be applied?
- According to the conditions listed by the Hsinchu County Government Tax Bureau, within how long before the sale may the owner-occupied residence not be used for business or rented out?
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Original:高雄市政府財政局 · We only post summaries and key points. Read the original for the full story.
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