asia房地產

Indonesia does not levy inheritance or gift tax.(印尼不徵收遺產稅與贈與稅)

Regarding tax on gifts, Indonesian income tax law stipulates that grants or gifts from the parent directly to the children (or vice versa) or gifts received is not taxable as long as there is no business or employment relationship.

1.2 Gift tax

There is no gift tax in Indonesia.

1.3 Real estate transfer tax.(印尼徵收房地產移轉稅)

The transfer of the real estate (i.e., land and building) is subject to final tax of 5% of the gross proceeds. The transfer of a basic house (rumah sederhana) and basic flat (rumah susun sederhana” by a taxpayer whose main business is the transfer land and/or building is subject to final tax of 1%.

1.4 Endowment tax

There is no endowment tax in Indonesia.

1.5 Transfer duty

A land and building acquisition duty of 5% is payable when a person obtains rights to land or a building with a value greater than IDR60 million. A number of exemptions apply, including on transfers in connection with transfers to relatives.

1.6 Net wealth tax

There is no net wealth tax. However, the Indonesian income tax law states that net increment in wealth originating in income not yet subject to tax is taxable. In the Indonesian individual income tax return, the individual taxpayer is required to declare assets and liabilities. Should there be any net increment of the assets that is from income not yet reported on the tax return, the tax office may assess additional income tax.

The mainland of the People’s Republic of China (China) issued a draft rule on inheritance tax in 2002 to solicit public opinion. However, as of today, no statute has been passed to provide guidance on inheritance tax.

1.2 Gift tax

No gift tax is levied in China.(中國無贈與稅)

1.3 Real estate transfer tax

From the estate and succession perspective, no real estate transfer tax is levied in China.(中國無房地產轉移稅) However, transfer of real estate or land-use rights in China may be subject to individual income tax (IIT), business tax, deed tax, stamp duty and land-appreciation tax.(但是中國有收入稅,契稅,印花稅與土地增值稅)

1.3.1 Individual income tax

In accordance with the provisions of China Tax Circular — Caishui (2009) No. 78 (Circular 78) — if a transfer of real estate or land-use rights is made without consideration, the property received would be considered “other income” to the recipient and subject to IIT at a flat tax rate of 20%. However, according to Circular 78 and Tax Circular Guoshuifa (2009) No. 121, the transfer by virtue of inheritance or gift under the following circumstances will be exempted from the IIT:

• Gratuitous transfer of land-use rights or real estate to lineal relatives (i.e., spouse, children, parents, grandparents, grandchildren and siblings).
• Gratuitous transfer of land-use rights or real estate to dependents.
• Gratuitous transfer of land-use rights or real estate to statutory heirs and legatees upon the death of the decedent.
• Gratuitous transfer of land-use rights or real estate to a spouse by virtue of divorce.

In order to claim IIT exemption on these transfers, transferees should fulfill the registration requirement with the local tax authority and obtain written approval.

In the case that the transfer is subject to IIT, the taxable income would be determined based on the value of the real estate or land-use rights stated in the succession or gift contract, subtracting the relevant taxes and expenses paid by the transferee. However, if the value stated in the contract is obviously lower than the fair market value (FMV) or there is no price available in the contract, the relevant tax authority may deem the taxable income according to the market appraisal price or through other reasonable methods.

If the transferee resells the land-use rights or real estate later, such transfer will be subject to IIT. The tax base will be the proceeds from the sale of land-use rights or real estate, less the original purchase cost of the decedent or the donor, and the expenses and taxes paid by the heir or donee in the transfer.

IIT is filed on a monthly basis, and if IIT liability is triggered, the taxpayer is required to file the IIT monthly return with the local tax authority. The IIT return is generally due on the 15th of the following month.

1.3.2 Business tax

According to the implementation rule of business tax regulations, if real estate or land-use rights are transferred to an entity or an individual as a result of a gift, the transfer would be considered a taxable transaction, and the transferor would be subject to the business tax and the relevant surtaxes at the time of transfer.

However, as provided in Circular Caishui [2009] No. 111, gift transfers are temporarily exempted from business tax and the relevant surtaxes under the following circumstances:

• Gratuitous transfer of land-use rights or real estate to lineal relatives.
• Gratuitous transfer of land-use rights or real estate to dependents.
• Gratuitous transfer of land-use rights or real estate to statutory heirs and legatees upon the death of the decedent.
• Transfer of land-use rights or real estate as a gift to a spouse by virtue of divorce.

Transferors are required to comply with relevant registration formalities of the local tax authority so as to claim the business-tax exemption on the gift of the real estate or land-use rights.

In the event that the tax liabilities occur, the business tax would be assessed by the local tax bureau. The tax rate applicable to the transfer of real estate and land-use rights is 5%.

1.3.3 Deed tax

China levies deed tax on nonstatutory successors who acquire real estate or land-use rights by virtue of inheritance or gift. However, gratuitous transfer to statutory successors is exempt from deed tax. Statutory successors include spouse, children, parents, siblings, paternal grandparents and maternal grandparents.

Deed tax rates range from 3% to 5% depending on the location of the cities in different provinces. The tax base for deed tax calculation is deemed by the tax authority with reference to the market value of the real estate or the land-use rights.

The taxpayers should file the deed tax return with the local tax authority within 10 days after the succession or gift agreement is concluded.

1.3.4 Stamp duty

The stamp duty is imposed when a contract of property transfer is concluded. Both parties who sign the contract are liable for the stamp duty.

The tax base for the stamp duty is calculated based on the value of the property specified in the contract.

The tax rate applicable to the contract concluded for transferring property rights is 0.05%.

1.3.5 Land appreciation tax

According to the China Temporary Regulation of Land Appreciation Tax (LAT), sale or compensated transfer of real estate or land-use rights is subject to LAT. A transferor who benefits from the transfer is liable for LAT. However, transfer of real estate or land-use rights without consideration, such as inheritance or gift, will not realize a charge.

1.4 Endowment tax

No endowment taxes are levied in China.

1.5 Transfer duty

No transfer duty is levied in China.

1.6 Net wealth tax

No net wealth tax is levied in China.

There is no inheritance tax in Australia.(澳洲無遺產稅)

1.2 Gift tax

There is no gift tax in Australia.(澳洲無贈與稅)

1.3 Real estate transfer tax

There is no real estate transfer tax in Australia.(澳洲無房地產移轉稅)

1.4 Endowment tax

There is no endowment tax in Australia.

1.5 Transfer duty

In all states and territories there is an exemption from stamp duty (or only nominal duty) regarding the vesting of dutiable property in the executor of a deceased person. This also applies to the transfer of assets to the beneficiary of a deceased estate.

1.6 Net wealth tax

There is no net wealth tax in Australia.

1.7 Others

Limited circumstance arises upon death where an immediate tax liability is included when:

• Asset transfers on death to a charity, superfund or foreign resident can have capital gains tax (CGT) costs  (澳洲有資本利得稅)
• Immediate CGT liability can arise where a discretionary trust deed provides that the trust is to vest on the death of the specified individual (often the parents), where benefits in an Australian complying superannuation fund are paid to non-dependents on death, tax of 16.5% is payable on the taxable component
• Earnings in a foreign superannuation or retirement fund that have accumulated since the member became an Australian resident may be taxable on payment to nominated beneficiaries

Because the deemed disposition of capital property can result in significant tax liabilities, the Canadian Tax Act provides relief in some circumstances. For example, there are exceptions for transfers to spouses and certain transfers of farm or fishing property to children. These are discussed below.

1.1 Inheritance tax

There are no inheritance taxes in Canada.(加拿大無遺產稅)

1.2 Gift and endowment tax

Neither Canada nor its provinces have a separate gift or endowment tax regime.(加拿大無贈與稅) However, under the Canadian Tax Act, a disposition at FMV will arise when property is gifted to any person, trust, foundation or charity, depending on whether that person deals at arms’ length with the donor. In the case of Canadian residents, the deemed disposition rules apply to any property that is gifted. There are exceptions for transfers during their lifetimes to qualified spouse trusts, as discussed below, and special trusts created by an individual who is more than 65 years old for the benefit of themselves (an alter ego trust), or themselves and their spouse (a joint partner trust). For nonresidents, the rules will apply to gifts of taxable Canadian property, as defined in the next section.

1.3 Real estate transfer tax.(加拿大有房地產轉移稅)

Several provinces levy a tax on the transfer of real property(部份加拿大省份徵收房地產移轉稅), referred to as either a land transfer tax or real property transfer tax. For tax purposes, real property generally includes land, buildings or structures on land and any rights or interests in land(房子土地等等都徵收). As a general rule, the tax applies to the property’s FMV, which is normally based on the value of the consideration or sale price. Tax is paid when a person registers a transfer of land at a provincial land title office.

Provinces levying the tax generally exempt certain transactions from the tax. Some of the more commonly exempted transactions include:

• Transfers where the value of the land does not exceed a minimum threshold
• Transfers for nominal consideration
• Transfers between family members
• Transfers of farmland

In addition, many provinces provide an exemption for first-time home buyers.

The table below summarizes the land transfer tax rates by province and territory.(以下是加拿大各省份徵收土地房地產移轉的費率,如果你要買加拿大房地產,務必注意了!!畢竟買賣房地產是未了賺錢,不是為了納稅!!)

1.4 Transfer duty

The only transfer taxes in Canada are on real estate as noted above.

1.5 Net wealth tax

Canada does not have a net wealth tax.