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Heirs Can Use "Majority Rule" to Apply for Paying Estate Tax by the Decedent's Deposits

       The National Taxation Bureau of the Northern Area (NTBNA), MOF stated that heirs can apply to pay estate tax using the deposits held by the decedent in financial institutions. If unanimous consent from all heirs cannot be obtained, they can refer to Decree No. 10600631250 issued on December 6, 2017 by the Ministry of Finance, which follows the provisions of Paragraph 7, Article 30 of the Estate and Gift Tax Act. The application for estate tax payment may be submitted by obtaining the consent of half of the heirs whose holding of entitled portion is more than half of the total, or by obtaining the consent of over two-thirds of the entitled portion of the heirs, using a "majority rule" to determine the utilization of the inheritance.
       The NTBNA provided an example to illustrate the situation. The estate tax payable by the deceased individual, Mr. Chia, amounts to NT$450,000. Among the estate, there is a bank deposit of NT$1.25 million. Mr. Chia has four heirs, namely, children A, B, C, and D. Heirs A, B, and C applied to pay the estate tax using the aforementioned bank deposit. After reviewing their proportional shares, the Bureau found that the combined proportional shares of the three heirs reached three-fourths, meeting the requirements of Paragraph 7, Article 30 of the Estate and Gift Tax Act, which stipulates that the consent of half of the heirs whose holding of entitled portion must be more than half of the total must be obtained. Therefore, within the scope of the NT$450,000 estate tax payable, the Bureau issued an Estate Tax Certificate of Consent to Transfer, which allows the heirs to transfer funds from the estate deposit to settle the tax payment with the financial institution.
       The NTBNA reminds individuals that the relevant application forms can be downloaded from the Ministry of Finance's eTax Portal. The download path is "eTax Portal, Ministry of Finance\Download Document and File\Estate Tax\The Heirs’ Agreement of Payment by Decedent’s Deposit (Chinese-English bilingual)". If there are any further questions, please dial the toll-free service number 0800-000321 for detailed consultation.

 ( News contact: Ms. Chang, Head, Collection and Information Management Division.  Tel. No. 03-3396789, Ext. 1180 )

Issued:National Taxation Bureau of Northern Area Release date:2023-08-05 Last updated:2023-08-05 Click times:308