Q：
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Is gift tax levied on the donation of reserved land for public facilities?
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A：
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According to Article 50-1 of the Urban Planning Law, the transfer of reserved public facilities due to donations between husband and wife or lineal blood relatives is exempt from gift tax, but it should still be included in the total amount of gifts to calculate the gift value, and then from The column "Deduction" is deducted by the same amount.
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Q：
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Is the donation of agricultural land subject to gift tax?
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A：
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Donation of agricultural land to heirs specified in Article 1138 of the Civil Code is exempt from gift tax. However, if the land continues to be used for agriculture for less than 5 years, the payable tax shall be paid.
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The agricultural land and its crops for agricultural use may not be included in the full value of the land and the crops on the land if it is donated to the heirs specified in Article 1138 of the Civil Code. However, within 5 years from the date of receiving the gift, the donee has not continued to use the land for agriculture and has not resumed agricultural use within the time limit ordered by the relevant authority or has resumed agricultural use within the time limit ordered by the relevant authority. For those who have not used it for agriculture, they must recover the tax payable. However, if the donated land is expropriated or legally changed to non-agricultural land due to the death of the donee, there is no need to pursue the gift tax.
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Q：
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If the donee donates the agricultural land back to the donator during the period of agricultural land management, is it necessary to recover the gift tax?
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A：
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The donator donates the farmland to the donee, and within the 5-year storage period, the donee returns the donated farmland to the donator. If it is found that the original donee continues to use the agricultural land before the rebate and there is no gift tax payable , because it is a return to the state of not being a gift, it can be exempted from the gift tax, and can also be exempted from re-listing.
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Q：
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Parents use their own funds to purchase real estate for their children, how is the gift value calculated?
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A：
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Parents contribute funds to purchase real estate for their children. Regardless of whether the children are adults or minors, parents should declare gift tax according to law. The calculation of the gift value shall be based on the current value of the land announced at the time of transfer or the evaluation standard price.
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Q：
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After settlement, bankruptcy and reorganization, how should the gift tax be assessed?
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A：
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When creditor’s rights are the object of the inheritance, the amount of the creditor’s rights shall be the value. Part of it cannot be repaid, and if a settlement contract or a court ruling is obtained, the part that cannot be collected may not be included in the total amount of the estate, that is, the inheritance tax is actually assessed on the amount that can be repaid, so this type of debt is the object of gift. , the gift tax may be levied on the valuation of the amount that can be repaid for the obligatory right.
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