House & Land Capital Gains Tax (Individuals, Taiwan) — Key Points & Formulas

Covers the differences between System 1.0 (from 2016) and System 2.0 (from July 2021), applicable tax rates, self-use incentives, formulas, and simple examples.

1) Policy Timeline

2) Individual Tax Rates (Taiwan Tax Residents)

Holding PeriodRateNotes
≤ 2 years45%Short-term trading
> 2 years and ≤ 5 years35%Mid-term holding
> 5 years and ≤ 10 years20%Long-term holding
> 10 years15%Very long-term holding
Meets 6-year self-use requirements Tax-free up to NT$4,000,000; 10% on the excess Limited to once every 6 years

3) Self-Use Home Incentive (Individuals)

Common disqualifiers: registration without actual residence, or any short-term leasing during the period.

4) Calculation Formulas

Taxable Income = Sale Price − Acquisition Cost − Allowable Expenses − Land Value Increment Amount

Tax Payable = Taxable Income × Applicable Rate (or Self-Use Incentive)

Common Deductible Costs / Expenses

  • Acquisition cost: purchase price, deed tax, stamp tax, scrivener fees, etc.
  • Transfer-related: broker fee/commission, scrivener fees, notarization fees.
  • Necessary repairs and improvements (must be supported by proof and meet requirements).
  • Land value increment amount (calculated/assessed per rules).

Practical Notes

  • Holding period is generally counted from the “acquisition date” to the “registration transfer date.”
  • Pre-sale homes: holding period starts from the contract acquisition date; assignment/transfer is taxable.
  • The self-use incentive is limited to once every 6 years and does not override short-term high rates unless qualified.

5) Examples

Example A | Regular Sale (Not Self-Use)

Example B | Meets 6-Year Self-Use

6) Common Special Cases Under System 2.0

CaseKey Point
Pre-sale homes / house-use rightsIncluded in scope; holding period generally starts from acquisition of the contract/right.
TrustsTransfers by the trustee may be treated as a sale by the settlor; holding period may follow the settlor under certain rules.
Gifts / inheritanceInheritance is generally not taxed here; a gifted asset sold later is treated as newly acquired for holding-period purposes.
Joint development & allocationAllocation can be treated as a sale/acquisition event; income and cost recognition applies accordingly.
Indirect offshore transfersTransfers of shares that indirectly dispose of Taiwan real estate may be taxable under the expanded rules.

7) Filing & Practical Reminders

References