Land Tax Act Article 28-2

Land transferred between spouses by gift may apply for non–taxable status of land value increment tax. However, when the land is subsequently transferred and subject to land value increment tax according to the law, the original land value for calculating the total amount of increment shall be either the assigned land value prior to the first non-taxable status of land value increment tax or the last declared transfer present value assessed for land value increment tax purposes, whichever is applicable.For the land mentioned in the preceding paragraph, when calculating the land value increment tax for its subsequent transfer, if the donor or the donee incurred improvement expenses on the land as stipulated in Subparagraph 2 of Paragraph 1 of Article 31, or paid additional land value tax as stipulated in Paragraph 3 of the same article during the period of their land ownership, the provisions for deductions or offsets under that article shall apply. If the land has undergone rezoning, the reduction provisions of Paragraph 1, Article 39-1 shall apply mutatis mutandis. For the subsequent transfer of such land, when applying the tax rate under Article 34 for land value increment tax assessment, any period within one year prior to the sale during which the land was not used for business or rental purposes shall be combined in the calculation.