I. Taxation Measures
- Strengthen inspection of farmhouse land and speculative house trading
(1)All local tax collection agencies are required to strengthen the inspection of whether farmhouse lands are illegally used or unrelated to agricultural operations. From July 2009 to September 2024, 78,827 pieces of land not used for agricultural purposes were found by the competent authorities, and a total of NT$ 322 million in land value tax was levied.
(2)With regard to property transactions on houses, the national taxation bureaus under the Ministry of Finance (MOF) in all districts (hereinafter referred to as the national taxation bureaus) emphasized the checking of such cases and levied taxpayers in accordance with actual prices in order to maintain taxation fairness and to decrease speculative house trading. From October 2010 to September 2024, 21,910 house transactions were investigated by the national taxation bureaus, and the total amount of additional tax levied from such cases was approximately NT$ 9.13 billion.
- House tax rationalization
(1)Increasing the tax burden of the house owner whose house is used for residential purposes but not owner-occupied
ⅰ.Article 5 of the House Tax Act was revised on June 4, 2014 as follows(Version 1.0 of the differential tax rate of the house tax): for a house used for residential purposes, which is not occupied by the owner, the rate is raised to the interval between 1.5 and 3.6 percent from the interval between 1.2 and 2 percent. This regulation was added so that the local government may stipulate different rates based on the number of houses a person owns. For operating a private hospital, a private clinic or a professional office, the rate is raised to the interval between 3 and 5 percent from the interval between 1.5 and 2.5 percent, which is the same as the one for doing business.
ⅱ.Each local government has revised its self-governance articles for the house tax since Article 5 of the House Tax Act was revised on June 4, 2014, and the assessed house tax in 2015 increased NT$ 2.02 billion over 2014.
(2)Assessing the current value of houses rationally
To provide a uniform reference for local governments as a basis for adjusting the tax base of the house tax, the amendments to Articles 2 and 16 of “The Reference Principle for Simplifying the Operation of Assessing the Standard Values and the Current Values of Houses” were promulgated on March 3, 2017.
(3)Strengthening the inspection of house tax, continuously urging local governments to assess the tax base of the house tax, and to stipulate the rate of the house tax rationally
ⅰ.To prevent taxpayers from committing tax evasion, local tax collection agencies emphasize the checking of the usage of houses in accordance with the plan made annually by MOF. The taxpayer shall be required to make supplemental payment in accordance with the rates regulated concerned and be subject to punishment for insufficient payment of the house tax.
ii.The following measures were taken by the MOF:
ⅰ)The MOF includes the item “rationally assessing the Standard Values and stipulating the rate of the house tax” in its list of annual tax collection auditing. The amount of tax levied, the final result of the adjustment of the tax base and the tax rate are auditing items taken into consideration as the central government appropriates a general grant for local governments.
ⅱ)For rationalizing the tax base and rate of the house tax, the MOF requests local governments to assess the Standard Values rationally according to their conditions, to adjust the Standard Values closely to actual construction cost, and to increase the tax burden of the house owner who has many houses used for residential purposes but not owner-occupied.
ⅲ)In order to come to a consensus with local governments, to request them to assess the tax base of the house tax, and to stipulate the rate of the house tax rationally, the MOF invited local tax authority agencies on April 16, 2021 to formulate supervision plans, rewards and punishments, The formulas for calculating the indicators and endeavors were announced on August 10, 2021.
ⅳ)In order to induce a peer effect, the MOF called meetings and invited local tax authority agencies and local financial authorities to strengthen communication, share experiences, and exchange opinions about stipulating different rates of house tax based on the number of residential houses a person owns but does not occupy and assessing the tax base in accordance with the House Tax Act on November 23, 2021 and January 17, 2022, respectively.
ⅲ.The aforementioned measures have borne fruit as follows:
ⅰ)The tax base: the Taoyuan City Government and the Kinmen County Government increased their Standard Values based on their re-assessed house tax base in 2021, and the Keelung City Government, the Hsinchu City Government, the Changhua County Government, the Nantou County Government, the Yunlin County Government, the Chiayi County Government, the Chiayi City Government, the Pingtung County Government, and the Taitung County Government have increased their Standard Values in 2022; the Taipei City Government, the New Taipei City Government, the Taichung City Government, the Kaohsiung City Government, and the Miaoli County Government have increased their Standard Values in 2023; the Taoyuan City Government, the Yilan County Government, and the Penghu County Government have increased their Standard Values in 2024, too.
ⅱ)The tax rate: the Taipei City Government, the Yilan County Government, and the Lienchiang County Government already stipulate different rates of house tax based on the number of residential houses a person owns but does not occupy. The Taoyuan City Government, the Hsinchu County Government, the Hsinchu City Government, the Taichung City Government, the Tainan City Government, the Kaohsiung City Government, and the Pingtung County Government amended their Self-Government Ordinance on House Tax Rates which entered into force on July 1, 2022, and levy house tax on residential houses not occupied by owners using a similar tax rate structure; the Penghu County Government and the New Taipei City Government have amended their Self-Government Ordinance on House Tax Rates which entered into force on July 1, 2023 and September 1, 2023, respectively.
(4)Version 2.0 of the differential tax rate of the house tax
To reduce the tax burden on individual owner-occupied houses, encourage effective utilization of houses, and rationalize the house tax, the MOF refers to the experience of local governments in implementing the differential tax rate of the house tax and developed a plan for version 2.0 of the differential tax rate of the house tax. The amendment of the House Tax Act were promulgated on January 3, 2024, and into force on July 1, 2024. The statutory tax rate of a residential houses which is not owner-occupied, not for rent, and not jointly-owned through inheritance is raised to the range between 2% and 4.8%, and the house tax is calculated progressively based on the total number of these houses held in the whole country by the owner. The house tax rate for owner-occupied residential properties whose owner only owns one house in the whole country is reduced to 1%. The statutory tax rate for inherited co-owned residential properties and rental properties whose rental income are declared and reach the Amount of Rent Prevailing in the Locality is reduced to the range between 1.5% and 2.4%. The statutory tax rate of residential houses which are owned by the builder in the reasonable time interval for sale (2 years) is in the range between 2% and 3.6%.
ⅰ.In order to increase the tax burden of taxpayers who own multiple houses without utilizing them effectively, the statutory tax rate of non-owner-occupied residential houses is raised from the range between 1.5% and 3.6% to the range between 2% and 4.8%.
ⅱ.To reduce the tax burden of the house owner which has only one owner-occupied residential house in Taiwan, the house tax rate for such house is reduced to 1%.
ⅲ.To encourage house owners to lease their unused properties and to consider the involuntary nature of inheriting co-owned houses, thus making houses vacant, the statutory tax rate for inherited co-owned residential properties and rental properties whose rental income are declared and reach the Local Prevailing Rental Standard is reduced to the range between 1.5% and 2.4%.
ⅳ.Considering that the housing supply is increased with constructed houses by builders, and the amount of time needed for buyers to make a purchase due to high housing prices, the statutory tax rate of residential houses for sale, which are owned by builders within 2 years, is modified to the range between 2% and 3.6%.
- The recovery of levying vacant land tax, the revision of the scope of the exemption of private land for public use, and the provision of the special 1% tax rate shall not apply to land used for temporary off-street parking lots pursuant to the Parking Lot Act
(1)The MOF and Ministry of the Interior (MOI) issued a document on January 26, 2011, to abolish the suspension of the vacant land tax. Local governments may levy the above tax in accordance with their rights and responsibilities.
(2)The amendment to Article 7 of the “Land Tax Reduction and Exemption Regulations” was promulgated on May 7, 2010 to prevent speculation and to revise the scope of the exemption of private land for public use.
(3)The provision of the special 1% tax rate as provided in Subparagraph 5, Paragraph 1 of Article 18 of the Land Tax Act shall not apply to land used for temporary off-street parking lots pursuant to the Parking Lot Act on June 9, 2011 by the MOF, and therefore prevents against the hoarding of land by consortiums and the resulting negative influence on society.
- Impose the Specifically Selected Goods and Services Tax (SSGST)
(1)Any unit of a building and the share of land associated with the unit, or any urban land for which a construction permit may lawfully be issued, that has been held for a period of no more than two years sold within the territory of the Republic of China is subject to the SSGST on an ad valorem basis in accordance with the provisions of the SSGST Act. The tax rate is 15% if the holding period is no more than one year; 10% if the holding period is more than one year and less than two years. Moreover, to further implement the purpose of the Act, it was revised on January 7, 2015 to broaden the tax scope, including that any industrial land in non-urban areas that has been held for a period of no more than two years shall be subject to the tax.
(2)The SSGST Act has been enforced since June 1, 2011, and it has exerted restraints on short-term speculation of real estate. In line with the tax system that shall take force from January 1, 2016 and calculate tax based on combining income from transactions of house and land on the actual transaction price, the SSGST Act on real estate will cease to be enforced effective from the same date.
- Examine Regulations Governing the Calculation of Income from Property Transactions on Houses
(1)Where an individual who sells houses and land acquired on or before December 31, 2015, the income derived from transactions of land shall be exempted from the income tax; the income derived from transactions of houses shall be subject to the income tax in accordance with the provisions of category 7, Paragraph 1, Article 14 of the Income Tax Act. Where an individual fails to declare or provide certification documents, the tax authority may determine the income under the approval standards set by the MOF in accordance with the provisions of Paragraph 1, Article 17-2 of the Enforcement Rules of the Income Tax Act. To reflect the status of the housing market, the national bureaus refer to actual economic conditions and trading activities in the housing market every year to draft the aforementioned standards and submit them to the MOF for approval.
(2)Since 2013, according to the total transaction price of houses and land, different methods for calculating the income from transactions of houses are applicable. The MOF issued the “Directions Governing the Calculation of Income from Property Transactions on Houses for the Taxable Year 2023” on February 16, 2024. Details of the Directions are as follows:
ⅰ.Income from a house with the total transaction price of houses and land reaching the following amount, wherein only the actual transaction price is provided by the taxpayer or knowable to the taxation bureau, but the original cost of the house cannot be proven by the taxpayer, is calculated at 17% of the actual transaction price of houses and land multiplied by the ratio of current value of the house/ (present value of the land current value of the house):
ⅰ)Taipei City: NT$60 million.
ⅱ)New Taipei City: NT$40 million.
ⅲ)Taoyuan City, Hsinchu County, Hsinchu City, Taichung City, Tainan City, and Kaohsiung City: NT$30 million.
ⅳ)other areas: NT$20 million.
ⅱ.Income from a house with the total transaction price of houses and land is lower than above-mentioned amount is calculated at 8% to 45% of current value of the house.
- Establish house and land transaction income tax system
(1)Based on the regulations governing the calculation of income from property transactions, taxes on house and land transactions are levied separately. Lands were only being levied on land value increment tax by its present value and no longer being levied on income tax. Under such tax system, most house transactions were levied on income by the current value of the house which leads to low tax revenue and is not in compliance with international trends. In order to set up a rational and transparent tax system, the MOF established the house and land transactions income tax system and made amendments to the Income Tax Act accordingly which came into force on January 1, 2016. Taxpayers who sold a house or land from January 1, 2016, which was acquired on or after January 2, 2014 and held for less than two years, or acquired on or after January 1, 2016, are in the scope of the amended income tax. The resultant income tax revenues are used for expenditures on housing policy and long-term social care services to preserve justice in housing, narrow the gap between the rich and the poor, allocate social resources rationally, and implement the spirit of fairness in taxation.
(2)In order to prevent short-term real estate speculation, to preserve housing justice, to curb tax avoidance, and to maintain tax fairness, partial articles of the “Income Tax Act” were amended and promulgated on April 28, 2021. An individual or a profit-seeking enterprise who has any income derived from transactions of house and land from July 1, 2021, which was acquired on or after January 1, 2016, are in the scope of the amended income tax. The house and land transactions income tax system reform extends the holding period for the high tax rate applicable to short-term real estate transactions, amends the applicable tax rates for the income derived from transactions of house and land incurred by a profit-seeking enterprise according to the holding period of the transferred house and land, and regards transactions of presale houses, qualified shares or capital as real estate transactions.
(3)From January 2016 to September 2024, 642,703 house and land transactions of individuals were filed, and the total amount of tax payable was approximately NT$ 212.73 billion. By the end of September 2024, 84,891 house and land transactions were investigated by the national taxation bureaus, and the total amount of additional tax levied from such cases was approximately NT$ 8.71 billion.
- Follow the Healthy Real Estate Market Plan to amend tax measures
- Real estate tax base assessment mechanism established by the MOF and MOI
In order to promote correctness and rationality of real estate assessment and to achieve tax fairness, the MOF and MOI have established a discussion platform for land administration, finance and tax experts and scholars, as well as local governments to discuss the issues relating to the assessment of a real estate tax base and the tax system.
- Amending the Urban Renewal Act to offer tax incentives
Responding to the public’s unwillingness to participate in urban renewal due to the increment on the property tax burden in recent years, the MOF aided the MOI in amending the Urban Renewal Act to offer tax incentives to relieve the burden of taxpayers and accelerate urban renewal.
- Tax incentives of Statute for Expediting Reconstruction of Urban Unsafe and Old Buildings
To promote the reconstruction of urban unsafe and old buildings and improve residential safety and quality, the Statute for Expediting Reconstruction of Urban Unsafe and Old Buildings was enacted on May 10, 2017, providing tax incentives in the house tax and the land value tax, and increasing the willingness of the owners of legal buildings to participate in the reconstruction.
- Provide relevant tax incentive measures in compliance with the housing policy of MOI
(1)In order to encourage landlords to rent their houses to persons who are qualified for rent subsidy, Article 5 of the House Tax Act was amended on June 4, 2014, adding the provision that, for a house used for public welfare purposes by a landlord registered with the local government as a charity, the rate of house tax shall be 1.2 percent of the current value of the house (same as a house used for residential purpose by the owner).
(2)In order to build up a better house rental system and protect our nationals’ right to quality living and to rent a house, the Rental Housing Market Development and Regulation Act was established on December 27, 2017 and came into force on June 27, 2018. House owners who lease their house to the rental housing subleasing business for subleasing are entitled to tax incentives, including individual income tax, land value tax, and house tax.
(3)In order to encourage individuals to rent out their houses to persons who are qualified for rent subsidy, and supply their empty houses as social housing, long-term care services, and child-care services, amendments to partial articles of the Housing Act were promulgated on January 11, 2017, providing tax incentives involving individual income tax, land value tax, house tax, and value-added business tax. To further encourage landlords to rent out their houses, the amendments to partial articles of the Housing Act were promulgated on June 9, 2021, stipulating that the rental revenue exemption for landlords who rent their houses to persons receiving rent subsidy or provide their houses as social housing is increased from NT$10,000 to NT$15,000. Taking into consideration the needs of economically or socially disadvantaged persons to rent housing, and to encourage more landlords to become public welfare landlords to take care of these persons, the amendment to Article 3 of the Housing Act was promulgated on December 6, 2023, adding the provision that landlords who rent their houses to social welfare organizations, which sub-rent the house to persons qualified for rent subsidy, will also be included the scope of the public welfare landlords.
Ⅱ. Utilization of National Land
- Discontinuance of open tender for national land more than 500 ping
Starting from October 20, 2009, the open tender of all national land not in public use under management of the National Property Administration (NPA), MOF (including both constructible and non-constructible land) has been discontinued, with the exception of lands collected to offset taxes. As clearly stated in Article 53 of the National Property Act, which was amended and promulgated on January 4, 2012, “Non-public use vacant house, land with no specific use and its area is less than 1,650 square meters shall be sold by public tendering by the NPA. If its area is 1,650 square meters or more, it shall not be sold by public tendering.”
- Establishment of after-sale repurchase mechanism of national land
(1)In the case of land located inside urban planning districts in Taipei City and New Taipei City with an area of or more than 330 square meters, where the successful tenderer fails to put it into use within two years (three years where the land is subject to urban planning evaluation), the local branch of the NPA may conduct an appraisal of the current market value and re-purchase such land if the current market value is higher than the original sale price. However, the land will not be re-purchased if the current market value is lower than the original sale price.
(2)Where the national real estate is sold in accordance with Article 51 and Subparagraphs 4 and 6 of Paragraph 1, Article 52-1 of the National Property Act and Subparagraph 4, Paragraph 3, Article 55-1 of the Regulations for the Enforcement of the same Act, and has not been developed for public interest or pursuant to the development schedule (where the permit has been revoked or abolished) within a specified time period (4 years after the completion of the payment process), or where the competent authority determines a need for the provision of said land, such land shall be repurchased to prevent a consortium or construction firm from monopolizing the land and bidding up the land prices.
- Provide national real estate to build social housing
As of the end of November 2024, the NPA has been actively cooperating with the promotion of social housing policies by providing national real estate to build social housing:
(1)Provided:
ⅰ.Built by the competent authority in charge of social housing: 63 sites (26.83 hectares of national land and 0.07 hectares of national buildings) appropriated, and 4 sites leased (3.17 hectares of national land).
ⅱ.Built by the National Housing and Urban Regeneration Center instructed by the Ministry of the Interior: 58 sites contributed (16.78 hectares of national land and 1.29 hectares of national buildings), 18 sites leased (8.41 hectares of national land) and 24 sites sold (8.75 hectares of national land), a total of 100 sites (33.94 hectares of national land and 1.29 hectares of national buildings).
(2)Reserved national land and buildings for the competent authorities to handle the planning and construction for social housing: 815 pieces of national land (134.45 hectares) and 21 national buildings (0.38 hectares).
(3)Instructed by the Ministry of the Interior (National Housing and Urban Regeneration Center has not yet been applied for or is in the process of applying being applied for): 64 sites contributed (16.13 hectares of national land), 16 sites leased (4.75 hectares of national land) and 9 sites sold (3.66 hectares of national land), a total of 89 sites (24.54 hectares of national land).
- Promotion of the leasing of national non-public real estate by tender for subleasing operations
(1)In coordination with the central government’s housing policy, to increase the supply of the rental housing market and revitalize the use of idle national non-public housing, the NPA has recently established a mechanism for leasing by tender national non-public real estate to rental housing subleasing businesses in compliance with the Rental Housing Market Development and Regulation Act, who renovate and then to sublease rental housing to the sub-lessee for residential purposes.
(2)As of the end of November 2024, 158 national houses and lands of tender were awarded, with a total tender award of about NT$18.63 million. The selection of suitable targets and tender operations will continue.
- Participation in urban renewal
(1)In coordination with urban renewal policy, national lands should be utilized in urban renewal programs. Buildings and lands distributed according to the rights shall be priority targets as evaluation for use as central government offices or social housing. If deemed suitable for social housing following evaluation by the central or local housing competent authority, the land will be appropriated by the competent authority in need and be included in urban renewal pursuant to the Urban Renewal Act.
(2)As of the end of November 2024, there were 1,796 cases of national land participating in private urban renewal projects with an area of 105.52 hectares; 584 cases with contracts of trust relationship to exist with an area of 42.40 hectares; 488 buildings and 615 parking spaces were obtained, 5 buildings are under inspection, 301 of the buildings were sold by tender, and 1 building is for lease by tender; 53 buildings have been contributed to the National Housing and Urban Regeneration Center as social housing, 10 buildings have been provided to Taipei City and New Taipei City as social housing, 2 buildings have been appropriated by the Ministry of Foreign Affairs, 4 buildings have been appropriated by the Ministry of Economic Affairs, 4 buildings have been appropriated by the Ministry of National Defense, 1 building has been appropriated by Taiwan High Court. The remaining 107 buildings were evaluated by the housing authorities as not for social housing; thus, they will be sold, leased by tender, or activated through other means depending on market conditions to increase the utilization of national property.
- Establishment of superficies rights by means of open tender
(1)The development of large-area national non-public use land shall be conducted by means of superficies rights through open tender. This method allows the government to maintain ownership of the land, while collecting royalties and rent, enriching the National Treasury, and increasing the supply of real estate.
(2)From 2010 to November 2024, 518 targets were tendered openly with an area of 205.15 hectares, with 209 tenders with an area area of 68.94 were successfully completed. The total royalty of the tender award was about NT$126.556 billion.
Ⅲ. Assisting Youths to Purchase Their Own House
Coordinating banks with government-owned shareholdings to handle the “Preferential Housing Loans for the Youth”
- Banks with government-owned shareholdings were coordinated to offer loans under the project named “Preferential Housing Loans for the Youth” from December 1, 2010. The limits for each household are a maximum loan ratio of 80%, a maximum loan amount of NT$10 million, and a maximum loan period of 40 years. Furthermore, from August 1, 2023, banks with government-owned shareholdings will reduce interest charges by 0.125%, and the government will subsidize 0.375% (the original subsidy was 0.25%, which was increased by 0.125% in response to the central bank’s interest rate hike on March 21, 2024) until July 31, 2026.
- To balance assistance for young adults without their own homes in purchasing self-use residences ,to ensure the fair use of government subsidy from the Ministry of the Interior, and to prevent speculative real estate transactions by borrowers, the MOF has revised the “Preferential Housing Loans for the Youth.” The new regulation limits borrowers who choose Preferential Housing Loans for the Youth either from the Ministry of Finance or the Ministry of Agriculture to one loan per person. Additionally, those who have already been approved for this preferential loan by the bank after August 1, 2023, will not be eligible to reapply for this loan. Furthermore, new loan applicants are required to submit a self-use affidavit. Banks with government-owned shareholdings will submit the information of the clients to the Joint Credit Information Center.
- As of the end of November 2024, preferential loans administered by the eight banks with government-owned shareholdings have been granted to 439.4 thousand households to the amount of NT$2.16 trillion.