Laws Information

法規資訊
Title: Land Tax Act
Am Date: 2015-07-01
Legislative History: Amendments to Articles 31-1, 35, and 53 promulgated on 1 July 2015 by Presidential Decree No. 10400077091.

Transaction

Amended

Article 31-1
When the land which is not subject to land value increment tax pursuant to Article 28-3 has the title transferred, Dien created, or is changed to self-owned land of trustee pursuant to Paragraph 1, Article 35 of the Trust Act, the original land value of the land prior to its non-taxable status or the latest transfer value approved by the competent authority shall be used for computation of price increase amount and impose land value increment tax. But in the case that meets the proviso in Paragraph 2 of Article 39, the original land value shall be determined accordingly.
In a testamentary trust where land is the trust property, when the land becomes subject to land value increment tax according to the preceding paragraph, its original land value shall be the assessed present value at the time of death of the legator.
Transfer of self-owned land for trust and the trust deed stipulates the beneficiary of trust property to be the truster and to have interest in the entire trust, if the beneficiary of a trust dies during the life of the trust, when the land becomes subject to land value increment tax according to the first paragraph hereof, its original land value shall be the assessed present value at the time of death of the beneficiary.
In case the aforesaid truster is discovered to have improperly evaded or reduced the tax burden for him or for other person(s) by the trust deed transfer, the preceding provision does not apply.
If the land subject to land value increment tax as described in the first paragraph hereof has situation where the truster or trustee had paid improvement expenses or supplemental land value tax as described respectively in subparagraph 2 of Paragraph 1 or Paragraph 3 of Article 31 hereof prior to the creation of trust or during the life of the trust, the deductions provided in the same article are applicable; the trustee in the second and third paragraph hereof had paid the preceding expenses and the land value tax after the death of the legator and the beneficiary, the deductions provided in the same particle are applicable.
At the effective date of the amendment of this Act on June 12, 2015, the preceding three paragraphs shall be applicable to the cases not currently being assessed or pending final decision.

Article 35
When a landowner who has sold his/her land acquires another parcel of land within two years following the completion of transfer registration, and the acquisition meets any of the following provisions, if the value of the acquired land is in excess of the balance of the original value of land sold less the land value increment tax paid, the landowner may apply to the tax authority for refund of the portion of land value increment tax paid to make up the difference to be paid for the reacquisition of land:
1. After self-use residential land has been sold, the original owner acquires another parcel of urban land not exceeding 3 acres or non-urban land not exceeding 7 acres for his/her own residential use.
2. After self-operated factory land has been sold, the original owner acquires another parcel of land for factory building in another industrial zone as designated by urban planning or on government-designated industrial land.
3. After self-tilled agricultural land has been sold, the original owner acquires another parcel of agricultural land for self-tilling.
The provisions in the preceding paragraphs apply if a landowner sells his/her land within two years after the registration of title transfer for the acquisition of another parcel of land is completed.
Provisions in subparagraph 1 of Paragraph 1 and Paragraph 2 hereof do not apply if the land sold or requisitioned was used for business purposes or rented in the last year before transfer.

Article 53
A delay penalty that amounts to one percent (1%) of tax due for every two days of delay shall be imposed on legal taxpayers or designated taxpayers who fail to pay their land tax before the deadline as stated in the payment notice; the tax authority should immediately forward the case to the administrative enforcement branches in each jurisdiction of the Administrative Enforcement Agency, Ministry of Justice for compulsory enforcement, provided the tax owed is more than thirty days past due. If a draft is accepted for tax payment, the cashing date of the draft shall be deemed the payment date.
The monetary substitution for agricultural land tax owed and amount to be paid or refunded for purchase of agricultural products shall be calculated according to government-approved standards prevailing at the time of payment or purchase.