2026-07-19
Tax Planning and Tax Disputes

Tax Alert | CPI Adjustment Available for Sales of Inherited or Gifted Property Under Taiwan's Old Tax Regime

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Tax Alert | CPI Adjustment Available for Sales of Inherited or Gifted Property Under Taiwan's Old Tax Regime

Taiwan Ministry of Finance's Order is hereby given, for the interpretive rule that the current value of a house at the time of inheritance or gift deducted in accordance with Subparagraph 2 of Category 7 of Paragraph 1 of Article 14 of "Income Tax Act" may be adjusted with the consumer price index announced by the government when the actual transaction price has been provided by the individual who makes the transaction or has been obtained through investigation by the competent tax authority.
 
 
Ministry of Finance Order

July 15, 2026

Tai-Tsai-Shui No. 11504549440

1. Where an individual sells a house acquired by inheritance or gift, and the actual transaction price of the house at the time of sale has been provided by the individual or has been obtained through investigation by the competent tax authority, the property transaction income shall be calculated in accordance with Subparagraph 2 of Category 7 of Paragraph 1 of Article 14 of the Income Tax Act. The amount of income shall be the balance remaining after deducting from the transaction price of the house at the time of sale: (i) the current value of the house at the time of inheritance or gift, as adjusted by the consumer price index announced by the government; and (ii) all expenses incurred for the acquisition, improvement, and transfer of the house.

2. Subparagraph 2 of Paragraph 2 of Point 2 of the Ministry's Order Tai-Tsai-Shui No. 10504632520, dated March 2, 2017, is amended as follows: "Where the property was originally acquired by the spouse through inheritance from or gift by a third party, the current value of the house at the time of inheritance, or at the time the spouse originally received the house by gift from a third party, as adjusted by the consumer price index announced by the government, may be deducted in accordance with Subparagraph 2 of Category 7 of Paragraph 1 of Article 14 of the Income Tax Act."

3. For the purposes of the preceding two points, "adjusted by the consumer price index announced by the government" means that the current value of the house shall be adjusted by the ratio of the Taiwan Consumer Price Index for the month and year in which the transaction occurs to the Taiwan Consumer Price Index for the month and year of the applicable date specified below:

(1) For the circumstances described in Point 1, the applicable date shall be the date on which the individual acquired the house by inheritance or gift.

(2) For the circumstances described in the preceding point, the applicable date shall be the date on which the spouse originally acquired the house by inheritance from or gift by a third party.

4. The Ministry's Order Tai-Tsai-Shui No. 10200157200, dated November 14, 2013, is hereby repealed.

 

Overview

On July 15, 2026, Taiwan's Ministry of Finance issued an interpretive ruling providing that where an individual sells a house acquired by inheritance or gift, and the transaction is subject to the old property transaction tax regime under Subparagraph 2 of Category 7 of Paragraph 1 of Article 14 of the Income Tax Act, the taxable property transaction income may be calculated by reference to the rules under the current House and Land Income Tax regime. Specifically, the transaction price of the house may be reduced by (i) the current value of the house at the time of inheritance or gift, as adjusted by the Consumer Price Index (CPI), and (ii) the expenses incurred for the acquisition, improvement, and transfer of the house, with the remaining balance constituting the taxable income.

 

The Ministry of Finance explained that, under the current House and Land Income Tax regime, when an individual sells real property acquired through inheritance or gift, the current value of the house and the publicly announced land value at the time of inheritance or gift may be adjusted by the Consumer Price Index and deducted from the transaction price when calculating taxable gains. This mechanism is intended to mitigate the increase in nominal taxable income resulting from inflation.

 

Recognizing that the sale of houses subject to the old tax regime is affected by the same inflationary factors, the Ministry of Finance issued this interpretive ruling to promote a fairer calculation of taxable income. Accordingly, where an individual has provided, or the competent tax authority has obtained through investigation, the actual transaction price of a house acquired by inheritance or gift, the current value of the house at the time of inheritance or gift may be adjusted by the ratio of the Consumer Price Index for the month of sale to that for the month of inheritance or gift. The adjusted value may then be deducted from the transaction price, thereby reducing the impact of inflation on taxable property transaction income.

 

 

Our Comments

This interpretive ruling provides taxpayers with a more favorable method for calculating taxable gains from the sale of inherited or gifted houses. Individuals disposing of such properties should carefully determine whether they qualify for this preferential treatment to avoid paying more tax than is legally required.

 

For individuals holding real property acquired through inheritance or gift, we recommend consulting a qualified tax lawyer before proceeding with a sale or implementing any family wealth planning strategy. Professional advice can help identify the applicable tax regime and the appropriate method for calculating taxable gains. More broadly, this interpretive ruling sends a positive signal for family wealth succession by helping reduce the impact of inflation on nominal gains and the resulting tax burden.

 

 

 
Legal Disclaimer
This article is provided solely for general informational purposes and is intended to help readers understand basic legal concepts under Taiwanese law. It does not constitute legal advice, legal opinions regarding any specific case, or create an attorney-client relationship between the reader and the author or this law firm.Every legal matter is unique. The applicable law, available evidence, procedural posture, and factual circumstances may differ significantly from one case to another. Even where similar legal issues arise, the appropriate legal analysis and strategy may vary depending on the specific facts. Accordingly, if you are involved in a legal dispute or require legal advice regarding a particular matter, you should consult a qualified attorney to obtain advice tailored to your individual circumstances.In addition, statutes, regulations, judicial decisions, and legal practice may change over time. This article reflects Taiwanese law and prevailing legal practice as of the date of publication (or the most recent update). Subsequent legislative amendments or developments in judicial practice may affect the accuracy or continuing applicability of the information contained herein. Readers are therefore encouraged to consult the latest legal authorities or seek professional legal advice before relying on this article.
 

 

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