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Back不動產買賣違約金屬「其他所得」 漏報恐遭罰
不動產買賣違約金屬「其他所得」 漏報恐遭罰
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自由时报3 hours agoBusiness3 min readChinaView translation

不動產買賣違約金屬「其他所得」 漏報恐遭罰

不動產買賣契約解除後,若取得違約金賠償,該筆款項依法須申報所得稅,否則可能面臨補稅及罰鍰。

Quick Look

不動產買賣因故解除契約並取得違約金賠償時,該筆款項依所得稅法規定屬「其他所得」,必須納入年度所得申報。地政士提醒,若漏報應在遭調查前主動補報,以免除罰鍰。

AI-generated summary

Why It Matters

依據財政部68年1月9日台財稅第30131號函釋,不動產買賣違約金屬所得稅法第14條第1項第10類之其他所得。

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買賣交易破局,若獲得違約金賠償,記得申報所得稅收入。(資料照)

在不動產買賣交易,若最後雙方解除契約,要注意還有一筆稅金要申報,漏報可能被處以所漏稅額2倍以下罰鍰。

正業地政士聯合事務所所長鄭文在表示,有個案出售的房屋屬於出租的物件,礙於「買賣不破租賃」,房屋點交時間必須等到租賃契約期滿才能點交,對於點交時間,買方同意配合,所以雙方約定點交的時間為簽定買賣契約後10個月完成,買賣契約書在買賣雙方彼此的讓步中完成。詎料,點交時間將屆,承租人仍然拒不搬遷,讓賣方苦不堪言。

按照買賣契約書內容,買方已經將自備款800萬元存入履保帳戶,依照違約約定賣方應返還這800萬元之外,同意賠償買方已支付價額800萬元,作為罰性違約金另行給付買方。

鄭文在說,在遇到不動產買賣爭議,透過法院訴訟是最後的一道防線,因為訴訟的結果往往曠日費時,且會墊高買賣雙方的違約費用,還有法院裁判費、律師費等,可能讓原來的案件雪上加霜。還好,此案件經過仲介公司多次協商、調解,最終雙方各退一步以100萬元作為違約金,並辦理解除買賣契約。

鄭文在說,以為故事已經結束,沒想到日前買方打電話給我們,希望提供當時的解除買賣契約書,原來這筆去年收到的違約金,今年5月份忘了申報所得稅,可能會被國稅局補稅甚至處罰。

原來,買賣契約如果有違約的情事,這筆收入還是必須申報所得稅收入,依據財政部68年1月9日台財稅第30131號函釋,屬所得稅法第14條第1項第10類之其他所得,應合併該年度之所得,申報課稅。如果漏報可能被處以所漏稅額2倍以下之罰鍰。

鄭文在表示,因為類似案件沒有完成所有權移轉登記、也沒有完成實價登錄,所以只有買賣雙方、仲介及地政士知道,至於違約的一方是否會提出檢舉?答案呼之欲出。他也提醒,若類似收入忘了申報,未經檢舉或稽徵機關進行調查前,個人可以盡速向戶籍所在地稽徵機關自動補報稅可以免罰,否則經查獲除補稅外並依規定處罰。

Open Questions

  • 是否有具體案例顯示國稅局針對此類違約金進行大規模查稅?

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