Estate and Gift Tax Act Article 41

This English translation was last updated on 2021-01-20, but the Chinese text was amended on 2026-09-11. Later amendments may not be reflected in the translation — please refer to the Chinese text.

After the taxpayer responsible for estate tax or gift tax has paid the full amount of tax due, fines, and accrued belated surcharges and interest, the competent tax authority shall issue a certificate of tax payment. If it is determined that no tax is due, a certificate of tax exemption shall be issued. If there are special reasons requiring the transfer of property ownership before the tax is fully paid, the taxpayer may provide a definitive guarantee for tax payment and apply to the competent tax authority for a certificate of consent to transfer.According to the provisions of Article 16, property that is excluded from the gross estate, or according to the provisions of Article 20, property that is excluded from the total gifts, upon the taxpayer's application, the tax authority shall issue a certificate of exclusion from the gross estate or a certificate of exclusion from the total gifts.
中文原文 遺產及贈與稅法第41條
遺產稅或贈與稅納稅義務人繳清應納稅款、罰鍰及加徵之滯納金、利息後,主管稽徵機關應發給稅款繳清證明書;其經核定無應納稅款者,應發給核定免稅證明書;其有特殊原因必須於繳清稅款前辦理產權移轉者,得提出確切納稅保證,或同意以符合稅捐稽徵法第十一條之一規定之應稅不動產設定抵押權予稽徵機關,申請該管主管稽徵機關核發同意移轉證明書。
依第十六條規定,不計入遺產總額之財產,或依第二十條規定不計入贈與總額之財產,經納稅義務人之申請,稽徵機關應發給不計入遺產總額證明書,或不計入贈與總額證明書。

English translation for reference only; the Chinese text prevails. Not legal advice.