Eligibility | Laws & Regulations of Tax Reduction and Exemption or Tax Incentives | ||||||
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Investors providing a parcel of land in an industrial zone as their capital investment in small or medium enterprises |
Where an investor provides a parcel of land in an industrial zone as his capital investment in a small or medium enterprise, and the said medium or small enterprise agrees to allow the investor to furnish the stock(s) of the said small or medium enterprise acquired by the said investor as the security for his payment of taxes, then the land value increment tax payable by the said investor may be paid in five equal installments in five consecutive years from the year in which the said parcel of land is committed to the investment.
The land to be invested under the preceding paragraph shall be used only by the said small or medium enterprise for its own. If the land is not used by the said small or medium enterprise for its own or is transferred to any other person, the outstanding land value increment tax shall be paid, in a lump sum, by the investor. |
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Small and medium enterprises |
Where a small or medium enterprise has moved, on account of any of the following causes, its factory or plant into an industrial zone, an industrial zone under an urban plan, or an industrial land designated in accordance with the act for Encouragement of Investment prior to the enforcement of this Act, the land value increment Tax payable on the sale or transfer of its original factory or plant site (land) shall be levied at the lowest tax rate:
Where the new factory land of a small or medium enterprise is transferred to anther party (or other partied) within three years after the factory relocation made under the preceding paragraph, the reduced portion of land value increment tax reduced while assessing such tax on the original factory land sold or transferred prior to the factory relocation shall be assessed supplementarily in accordance with the act.
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Owner of Self-Operated Factory Land | Subparagraph 2, Paragraph 1, and Paragraph 2, Article 35 of the Land Tax Act
If a landowner, within two years from the date of completing the transfer registration after selling land, repurchases land meeting one of the following conditions, and the value of the newly purchased land exceeds the value of the originally sold land after deducting the paid land value increment tax, they may apply to the competent tax authority for a refund of the land value increment tax paid, up to the difference between the newly purchased land value and the sold land value after deducting the tax paid:
The provisions of the preceding paragraph shall apply if the landowner purchases new land first and then sells the original land within two years from the date of completing the transfer registration of the new land.
Article 37 of the Land Tax Act If a landowner receives a refund of the land value increment tax due to repurchasing land, and the repurchased land is transferred again within five years from the date of completing the transfer registration, the land value increment tax shall be levied on the total amount of the value increment for that transfer, and the originally refunded tax amount shall also be recovered. The same applies if the repurchased land is used for purposes other than those originally specified.
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Companies engaging in merger/consolidation and acquisition |
In carrying on a division or the acquisition of assets or shares by a company pursuant to Articles 27 through 30 of this Act, with the shares entitled with voting rights as the consideration to pay the company so merged/consolidated and acquired while such shares are at a value not less than sixty-five percent of the total consideration, or where a company is carrying on the merger/consolidation, the following shall apply:
After the land value increment tax under Item 5 of the preceding paragraph is registered, when shares as the consideration are transferred by the acquired company or divided company such that the shares it holds becomes lower than sixty-five percent of the consideration within three years upon completing the registration of the land transferred, the acquired company or the divided company shall make later payment of the land value increment tax registered; any shortage of the later payment shall be made good by the acquiring company and the surviving company or the newly incorporated company after the division.
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Bridge bank |
Where a bridge bank assumes the businesses, assets, and liabilities of a suspended insured institution according to Article 30, it may, when applying for registration of the alteration of the real estate owned by the suspended institution, and the movable properties that require registration and all encumbrances of the said institutions, directly process the registration by the certificate issued by the competent authority without paying registration fees. The land value increment tax borne by the original land owner is allowed to be deferred under the name of the land acquirer; the same applies when another insured institution assumes the business, assets, and liabilities of the bridge bank according to the stipulation in the preceding Article. However, at the time when the land with the said deferred tax is being transferred from the bridge bank or from the insured institution assuming the bridge bank, the land value increment tax allowed to be deferred at each transfer shall be paid on a priority over all other creditors' rights and mortgage right in the price received from the disposition of the said land.
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Financial holding company or its subsidiary |
After being approved by the competent authority to convert into a financial holding company or a subsidiary of a financial holding company, a financial institution shall comply with the following provisions:
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Transfer of assets according to securitization plan |
For the asset transfer made in accordance with the asset trust securitization plan approved by or effectively registered with the competent authority pursuant to this Act, the taxation shall be dealt with as follows:
When the Trustee transfers the trust property to another SPC in accordance with the asset trust securitization plan, the preceding paragraph shall apply mutatis mutandis to the registration and taxes related to the asset transfer.
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Financial institutions |
Where the merger of Financial Institutions is approved by the Competent Authority, the Surviving Institution or the Newly Incorporated Institution may, when applying for amendment registration of the real estate owned by the Extinguished Institution, its movable properties that require registration and all encumbrances, directly process the registration against the certificate issued by the Competent Authority, without paying registration fees, in the following manner:
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Enterprises investing in the industries favorable for the development of new towns |
The authority may allocate special areas to encourage investment in the industries favorable for the development of new towns according to the following provisions on tax exemption or reduction:
As for the reduction or exemption prescribed in the first paragraph, where the application is submitted in the 6th to the 10th year commencing from allocation of the special area, the preference will be reduced by a half, and no preference will be offered since the 11th year.
The procedure of encouragements prescribed in the above three paragraphs will be determined by the central authority jointly with the Ministry of Finance and the Ministry of Economic Affairs. |