Taxpayers may provide a third party’s property as guarantee for applying for writing off the registration of disposal prohibition.
The National Taxation Bureau of Taipei, Ministry of Finance, states that taxpayers who are prohibited from the disposal of property due to overdue taxes may offer third-party property of equivalent collateral value to the outstanding tax payable. This property will serve as a guarantee when applying to have the disposal prohibition written off.
The Bureau explains that taxpayers who owe taxes can, after the tax collection authorities notify the relevant government agencies to register a disposal prohibition on their property as outlined in Paragraph 1 of Article 24 of the Tax Collection Act, provide third-party property of equivalent collateral value as a guarantee. Taxpayers shall submit the application along with the third party’s “Commitment to Guarantee” and “Third-Party Guarantee Agreement” alongside a list of collateral and certification documents, to tax collection authorities. These authorities will serve as a guarantee for applying to have the disposal prohibition written off.
The Bureau offers an example: Since Party A failed to make payment on the gift tax of 2022, the National Taxation Bureau legally imposed a disposal prohibition on Party A’s lands. However, due to Party A's urgent financial needs, Party A intends to sell his land. After consulting with the Bureau, Party A provided a third party’s time deposit equivalent to the tax payable as a guarantee when applying to have the registered disposal prohibition on the land removed. As a result, Party A successfully sold the land, settled the tax payable, and reclaimed the collateral.
The Bureau reminds taxpayers who have been subjected to a disposal prohibition due to the failure to pay taxes that, if they need to transfer or loan a property, they have the option to provide third-party property equivalent to the outstanding tax payable as a guarantee. This step will enable them to apply for the removal of the registration of disposal prohibition and safeguard their rights and interests.
(Contact Person: Section Head Chen of the Collection and Information Management Division, Telephone: 23113711 Ext. 2160)
Reference URL：https://www.mof.gov.tw/Eng/singlehtml/f48d641f159a4866b1d31c0916fbcc71?cntId=492b24ef07174acc83b99b8f187156d3