The National Taxation Bureau of the Northern Area, Ministry of Finance stated that where a donor is a Republic of China (R.O.C.) citizen residing habitually outside the R.O.C., or a non-R.O.C. citizen, and makes a gift of property located within the R.O.C., such donor shall file a gift tax return if the total value of the property gifted within a single calendar year exceeds the gift tax exemption amount (NT$2.44 million). The return must be filed with the competent tax authority (National Taxation Bureau of Taipei, Ministry of Finance) within 30 days from the date the gift behavior occurs.
The Bureau further clarified that someone who “habitually resides outside the Republic of China” refers to a donor who maintains no domicile within the R.O.C., and whose aggregate stay in the R.O.C. has been less than 365 days within the two-year period prior to the date the gift behavior occurs.
The Bureau would like to issue a reminder that, if a taxpayer responsible for gift tax is unable to file the return within the prescribed period due to justified reasons, a written application for an extension must be submitted prior to the expiration of the filing deadline. The extension granted shall be limited to three months; however, in cases of force majeure or other exceptional circumstances, the extension period may be reviewed and determined by the tax authority based on the actual situation.
For any further inquiries, please contact the Bureau’s toll-free service hotline at 0800-000321 for dedicated assistance.
〔Contact person: Ms. Zhong, Section Head of Individual Income, Estate and Gift Tax Division; Tel: (03)3396789, ext. 1420〕