Income Tax Act Article 4-4

An individual or a profit-seeking enterprise who has any income derived from transactions of house, house and the share of land associated with the house, or any land which can be issued a construction permit (hereinafter referred to as the “house and land") acquired on or after January 1, 2016, shall be subject to assessment of income tax in accordance with the provisions of Articles 14-4 through 14-8 and Article 24-5 of this Act.For an individual or a profit-seeking enterprise who acquires the right to use a house by creation of superficies or the presale house with its building location on or after January 1, 2016, the transactions of the right or the presale house with its building location shall be regarded as the transactions of the house and land in the preceding Paragraph.For any individual or profit-seeking enterprise directly or indirectly holding more than half of the total number of shares or the total amount of capital of an enterprise within or outside the Republic of China, where at least 50% of the value of such shares or capital are constituted by house and land within the territory of the Republic of China, the transactions of the shares or capital shall be regarded as the transactions of the house and land as provided in Paragraph 1; however, such shall not apply if the shares being transacted are those of stocks in exchange-listed, OTC-listed, or emerging stock companies.Land that meets the criteria of Paragraph 1 shall be exempt from application of Subparagraph 16, Paragraph 1, Article 4 of this Act; the house provided in Paragraph 1 shall exclude farmhouses built in accordance with the Agricultural Development Act.