Land Tax Act Article 39-2

Agricultural land used for agricultural purposes, when transferred to a natural person, may apply for non-taxable status of land value increment tax.If the transferee of the land apply for non-taxable status of land value increment tax under the preceding paragraph is found by the relevant authorities to have not used the land for agricultural purposes during their period of ownership, and fails to resume agricultural use within the period specified by the relevant authorities, or if the land resumes agricultural use within the specified period but is later found not to be used for agricultural purposes again, land value increment tax shall be levied at the time of the subsequent transfer.If the transferee of the land as specified in the preceding paragraph is found not to be using the land for agricultural purposes, any mutual gift of the land between spouses shall be included in the calculation of the land value increment tax.For agricultural land used for agricultural purposes, at the first transfer after the amendment to this Act on January 6, 2000, or after acquiring land not subject to land value increment tax under the provisions of the first paragraph and subsequently transferring it again after January 6, 2000, if the land value increment tax is to be levied according to law, the assessed land value as of the effective date of the amendment shall be taken as the original land value to calculate the total amount of value increment for levying the land value increment tax.For agricultural land that has been subjected to land value increment tax after the amendment to this Act on January 6, 2000, if it is transferred again, the most recent declared transfer value assessed for land value increment tax shall be used as the original land value to calculate the total amount of value increment for levying the land value increment tax. The provisions of the preceding paragraph shall not apply.