The National Taxation Bureau of the Southern Area, Ministry of Finance, stated that if the total value of property given by a donor to others within the same year does not exceed the tax exemption amount (starting from 2022, the exemption amount is NT$2,440,000), the donor is exempt from filing a gift tax return. However, if the gifted property requires ownership transfer registration, or if the total value of gifts in that year exceeds the exemption amount, a gift tax return must be filed within 30 days from the date the gift is made.
The Bureau further explained that, in accordance with Articles 22 and 24 of the Estate and Gift Tax Act, when the total value of property gifted by a donor within the same year exceeds the exemption amount, the donor must file a gift tax return within 30 days starting from the day following the date on which the exemption is exceeded. The gift tax exemption amount is calculated on a per-donor basis, not on a per-recipient basis. Additionally, the term “each year” or “within one year” refers to the calendar year, from January 1 to December 31.
The Bureau provided the following example: Mr. A gifted NT$2,000,000 in cash to his son on July 1, 2025, and another NT$2,000,000 in cash to his daughter on November 1 of the same year. The total amount of gifts is NT$4,000,000, which exceeds the annual gift tax exemption of NT$2,440,000. Therefore, Mr. A must file a gift tax return with the National Taxation Bureau within 30 days starting from the day following November 1, the date on which the exemption was exceeded.
The Bureau would like to remind the public that if the total value of property gifted by a donor within the same year exceeds the annual gift tax exemption, the donor must file a gift tax return with the National Taxation Bureau within 30 days from the day following the date the exemption is exceeded. If a donor fails to file the required return in accordance with regulations, they should promptly make a voluntary supplementary filing in accordance with Article 48-1 of the Tax Collection Act to avoid penalties.
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Legal Affairs Division
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