Urban and Rural Development
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Date : 2017-02-06        Source : New Taipei City Government
If a Taiwanese resident wishes to transfer a property under his possession to his spouse ......
If a Taiwanese resident wishes to transfer a property under his possession to his spouse (a citizen of Thailand), what would be the procedures involved? What documentations would be needed and what are the restrictions involved? A: In reference to the bureau’s interpretation of the letter Tai-Nei-Di No.0920011585 issued on August 8, 2003, “Citizens and organizations of Thailand are entitled to the right to acquire land rights in Taiwan for residential or investment purposes based on Article 18 of the Land Act, which states ‘Only those aliens may acquire or create rights over land in the Republic of China who are nationals of States that have diplomatic relations with the Republic of China and permit, according either to treaty or to their municipal Acts, Chinese nationals to enjoy the same rights in their respective countries’”. In addition, Article 17 of the Land Act states: “Lands of the following descriptions shall not be transferred or leased to aliens, nor may encumbrance on them be created in favor of aliens: 
(1) Forest lands, 
(2) Fisheries, 
(3) Hunting grounds, 
(4) Salt fields, 
(5) Lands with mineral deposit, 
(6) Sources of water and
(7) Lands lying within fortified and military areas and lands adjacent to the national frontiers.
” Application procedure: Foreigners wishing to acquire land rights in compliance with relevant regulations shall submit the following documentations to the local land office where the site in question is located. The land office would, in turn, submit the application to the municipal government for approval: II.Land Registration Application. III.Substantiating documentation for the registration (i.e. sales contract, gift deed and so forth). IV.Land Ownership Certificate. V.Identification of the owner and the obliged in the process of transferring land ownership. VI.Tax declaration or exemption documentations (i.e. for land value-added tax or deed tax/gift tax declaration or exemption statements). VII.Land Use Zoning Certificate (not required if the site in question is not classified as urban land). VIII.Authorization Statement (required if the applicant is unable to apply in person). IX.Other substantiating documentations required by other central land administration agencies. If you have further inquiries, please contact the local land office where the site in question is located and provide a detailed description of your issue.