The Equalization of Land Rights Act Article 36
The levy of land value increment tax shall be computed on the basis of the total amount of the increased value of land and shall accrue to the public at every transfer of land ownership or at creation of the right of dien except transfer through inheritance.From the total amount of the increased value of land as referred to in the preceding Paragraph there shall be subtracted the cost for land improvement which the landowner has incurred and any construction benefit charge he has already paid.In paying the land value increment tax at the time of the transfer of land ownership, the landowner shall, if his annual payment of the land value tax during the period of his ownership of the land has been increased owing to the reassessment of his land value, be permitted to credit such increased payment against the land value increment tax payable by him for the portion of his land which is transferred. But the amount to be credited against the land value increment tax shall not exceed 5 per cent of the total land value increment tax payable at the transfer of land ownership.Rules governing the increased payment of land value tax to be credited against the land value increment tax, as referred to in the preceding Paragraph, shall be made by the Executive Yuan.
中文原文 平均地權條例第36條
土地增值稅之徵收,應依照土地漲價總數額計算,於土地所有權移轉或設定典權時行之。
但因繼承而移轉者,不徵土地增值稅。
前項土地漲價總數額,應減去土地所有權人為改良土地已支付之全部費用。
土地所有權人辦理土地移轉繳納土地增值稅時,在其持有土地期間內,因重新規定地價增繳之地價稅,就其移轉土地部分,准予抵繳其應納之土地增值稅。
但准予抵繳之總額,以不超過土地移轉時應繳增值稅總額百分之五為限。
前項增繳之地價稅抵繳辦法,由行政院定之。
但因繼承而移轉者,不徵土地增值稅。
前項土地漲價總數額,應減去土地所有權人為改良土地已支付之全部費用。
土地所有權人辦理土地移轉繳納土地增值稅時,在其持有土地期間內,因重新規定地價增繳之地價稅,就其移轉土地部分,准予抵繳其應納之土地增值稅。
但准予抵繳之總額,以不超過土地移轉時應繳增值稅總額百分之五為限。
前項增繳之地價稅抵繳辦法,由行政院定之。