Estate and Gift Tax Act Article 11

For estate tax or gift tax that has been paid on foreign property in accordance with the laws of the country where it is located, the taxpayer may present a tax payment certificate issued by the tax authority of the country where it is located, and attested by a Chinese embassy or consulate by the R.O.C. in the said local; if there is no embassy or consulate, a visa from a local public accountant or notary should be obtained in order to deduct the estate tax or gift tax payable. However, the amount of such deduction shall not exceed the increase in tax payable calculated based on the domestic applicable tax rate due to the addition of the foreign estate.The property gifted by the deceased within two years before death is subject to estate tax in accordance with the provisions of Article 15. The gift tax and land value increment tax paid shall be added together with the interest calculated by the interest rate of one-year fixed deposit of the Postal Remittance and Saving banks and deducted from the amount of estate tax payable. However, the amount of deduction shall not exceed the increase in tax payable after the gifted property is included in the gross estate.