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Back不願賣地卻遭法院拍賣!共有地主房地合一稅20%優惠落空
不願賣地卻遭法院拍賣!共有地主房地合一稅20%優惠落空
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自由时报24 minutes agoBusiness2 min readChinaView translation

不願賣地卻遭法院拍賣!共有地主房地合一稅20%優惠落空

高雄國稅局:共有人訴請分割土地拍賣,即使地主不同意,仍按35%課稅

Quick Look

高雄國稅局指出,共有土地因其他共有人提告分割,法院判決拍賣後分配價金,即使地主不同意出售,也不符合房地合一稅非自願出售20%優惠稅率資格,持有超過2年未逾5年仍按35%課稅,稅率相差15個百分點。

AI-generated summary

Why It Matters

房地合一稅2.0規定,個人持有房地2年內出售原則適用45%稅率;超過2年未逾5年為35%。若符合財政部公告的非自願性因素,持有5年以下出售可適用20%優惠稅率。

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土地即使地主未同意出售,也不一定符合房地合一稅20%優惠資格。(示意圖記者張雅雲攝)

土地被法院拍賣,明明不同意出售,竟然還得繳35%房地合一稅!有地主與他人共有土地,因其他共有人提告要求分割,法院判決拍賣土地。地主原以為屬於非自願出售,可適用20%優惠稅率,沒想到遭認定不符資格,仍按35%課稅並補稅,稅率相差15個百分點。

該地主於2020年買入一筆與他人共有的土地,後來其他共有人向法院提起分割共有物訴訟,法院判決採「變價分割」方式,將整筆土地拍賣,再把拍賣所得分配給各共有人,土地於2023年拍定。

地主認為,自己從未同意出售土地,應屬非自願交易,因此申報房地合一稅時,主張適用20%優惠稅率。不過,國稅局審查後認定,該筆土地持有超過2年、未逾5年,仍須按35%稅率計算,並補徵房地合一稅。

同樣被迫賣地 課稅結果大不同

高雄國稅局指出,同樣是共有土地,如果多數地主決定出售整筆土地,即使少數地主不同意,只要符合土地法第34條之1規定,被迫出售持分的地主仍可適用20%優惠稅率。但如果是其他共有人向法院提告要求分割土地,最後由法院判決拍賣,即使地主不願出售,也無法因此享有優惠。

高雄國稅局表示,依房地合一稅2.0規定,個人持有房地2年內出售,原則適用45%稅率;超過2年、未逾5年為35%。若符合財政部公告的非自願性因素,持有5年以下出售則可適用20%優惠稅率。

欠債遭法拍可降稅 法院判決分割不適用

高雄國稅局分析,若因無力償還債務,包括欠稅,導致房地遭法院強制執行拍賣,屬於公告的非自願出售情形;但該案是其他共有人訴請分割土地,法院判決拍賣後分配價金,目的是兼顧全體共有人利益,因此不符合優惠條件。

此外,因調職、非自願離職、重大傷病須負擔醫療費,或因家暴取得通常保護令而出售自住房地等,在符合特定條件下,也可適用20%優惠稅率。高雄國稅局提醒,非自願出售優惠採正面表列,即使地主不同意出售,只要不符合公告條件,仍無法適用優惠稅率。

Open Questions

  • 該地主最終需補繳多少房地合一稅?
  • 土地拍賣所得金額是多少?
  • 地主是否會對國稅局認定提起行政救濟?

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This article was originally published by 自由时报.

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