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Back生前贈與房產反而不划算?專家揭「一份遺囑」省下百萬稅金
生前贈與房產反而不划算?專家揭「一份遺囑」省下百萬稅金
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自由时报18 minutes agoBusiness2 min readChinaView translation

生前贈與房產反而不划算?專家揭「一份遺囑」省下百萬稅金

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地政士鄭文在建議,透過預立遺囑處理房產繼承,不僅能避免後代爭產,相較於生前贈與,還能利用遺產稅免稅額及房地合一稅舊制優勢,大幅節省稅賦成本。

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Why It Matters

民眾常因長輩忌諱而未預立遺囑,導致後續透過生前贈與處理房產時,面臨高額土地增值稅與房地合一稅問題。

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預立遺囑是避免繼承人爭奪遺產的好辦法,但是礙於長輩覺得預立遺囑不討喜,所以常常流於「有想法沒辦法」的窘境,但如果從節稅的角度切入,或許可以增加長輩預立遺囑的動力。

正業地政士聯合事務所所長鄭文在提到,一名個案的媽媽有2個小孩,名下有2間房屋,近來年紀大了,跟先生討論如何將房屋贈與給2個小孩,希望由2個小孩1人取得1戶,將來老媽媽百年後才不會發生爭議。

礙於每年贈與稅的免稅額只有244萬元,兩老討論後決定先將其中一戶,透過夫妻贈與先贈與給爸爸,再由各自贈與一戶給小孩的方式,避免繳納贈與稅,殊不知房屋贈與即使贈與稅免稅,還有一筆房屋現值6%的契稅,及高額的土地增值稅要繳納,另外,夫妻贈與的土地增值稅是不課徵,而非免稅,所以從爸爸贈與給小孩時,土地增值稅必須從媽媽取得所有權時開始計算,而非從爸爸取得後從新計算,因此,節稅的效果有限,和想像的結果有很大的落差。

鄭文在說,由於2間房屋的買賣取得時間1間約20年前、1間約30年前,所以土地增值稅約為20多萬元及70多萬元。透過夫妻贈與再贈與給小孩,只能將贈與稅降為0元,但是這合計近90多萬元的土地增值稅,仍然必須繳納,如果連同夫妻贈與的費用大約需要繳納近100萬元。

鄭文在表示,由於媽媽名下有2間房屋,爸爸名下沒有房屋,希望2個小孩1人1間,似乎只要預立遺囑問題就解決了,再檢視該2戶的土地及房屋現值總計約800萬元,如果沒有其他的現金、股票、有價證券及動產,這應該連遺產稅都是免稅,因此建議由太太去預一份有效的遺囑。

由於這2個房屋取得的時間都是在民國105年以前,如果現在小孩受贈與取得後再出售,屬於新制所得稅,必須繳納房地合一稅。如果是繼承取得,未來出售屬於舊制所得稅,只要繳納房屋交易所得稅就好,兩者稅賦的差距可能達到數百萬元,是值得參考的利多。

Open Questions

  • 個案最終是否採取預立遺囑方式?

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This article was originally published by 自由时报.

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