The Equalization of Land Rights Act Article 45

When any farmland, used for agricultural purpose, is transferred to any natural person, an application may be made for exemption of the land value increment tax.The purchaser of the land exempted from the levy of land value increment tax, as referred to in the preceding Paragraph, shall be liable to the levy of land value increment tax when he re-transfers the land, if he fails to use the land, during his ownership period, for agricultural purpose and when found out by the competent authorities, and if he fails to resume agricultural use for the land within the time limit set by the said authorities, or fails again to use the land for agricultural purpose, after he resumes agricultural use for the land within the time limit set by the authorities.In case the purchaser of the land, who fails to use the land for agricultural purpose as referred to in the preceding Paragraph, mutually donates lands with his spouse, the land having been exempted from the levy of land value increment tax shall be taken into account together with all the other donated lands for the calculation of the total amount of land value increments.In case the agricultural land used for agricultural purpose is transferred for the first time after the revision of this Act on January 6, 2000 comes into force, or is re-transferred after the acquisition with an exemption of the land value increment tax according to the provisions of Paragraph 1, then “the publicly announced current land value” on the revision day of the Act shall be adopted as its “original value of land” for the calculation of its land value increments so as to levy the land value increment tax if it is taxable.