01
Individual exchange of residential accommodation is exemptLand value added taxYeah
Response: according to the circular of the ministry of finance, general directorate of state taxes on specific issues of land value added tax (fiscal word [1995]) article 5 provides that land value added tax (vat) may be waived for the exchange of residential properties between individuals, as verified by local tax authorities。
02
Can individual transfers of housing be exempted from land value added tax
Response: according to the ministry of finance, the general directorate of state taxesTax policyNotification (fiscal) article 3 provides for a temporary exemption from land value added tax for the sale of housing by individuals。
03
After the increase in the battalion, does the income from the transfer of real estate include vat when the land value added tax is applied
Response: does not include. According to the lawTaxesNotice of grounds for personal income tax article 3 provides that the income derived from the transfer of real estate by land value added tax taxpayers is income other than value added tax。
Article 5 provides that, when vat is waived, the basis for tax collection is determined by the amount of vat not deducted from the value of the transaction price, rental income, or income derived from the transfer of real estate。
Article 6 provides that the taxing price or income approved by the tax authorities does not include vat in the calculation of land value added tax。
04
Can the unused land charges paid by real estate developers for late development be deducted from the calculation of land value added tax
Answer: no. According to the circular of the state tax administration on issues related to the settlement of land value added taxes (state tax letter 2010) article 4 provides that the unused land bill paid by a real estate development enterprise for delays in its development cannot be deducted。
05
Does the land value added tax (vat) due after the liquidation of the land value added tax add to the delay in collection
Response: based on the circular of the state tax administration on issues related to the settlement of land value added taxes (state tax letter 2010) article 8 provides that, after the taxpayer has made the required advance payment of the land value added tax (vat), the additional land value added tax (vat) is liquidated and paid within the period set by the competent tax authorities without delay。
06
Does the non-payment of advance land value added tax (vat) within the prescribed pre-collection period add to the delay payment
Response: according to the circular of the ministry of finance, general directorate of state revenue on certain issues of land value added tax (customs 2006) article 3 provides that in the case of non-payment of taxes within the prescribed period of advance payment, the payment shall be suspended from the day following the expiration of the limited period of payment of taxes in accordance with the relevant provisions of the law of the people's republic of china on the administration of the collection of taxes and its implementing regulations。
07
How does cooperative housing pay land value added tax
Response: according to the circular of the ministry of finance, general directorate of state taxes on specific issues of land value added tax (fiscal word [1995]) article 2 provides that land value added tax (vat) shall be temporarily waived for the purpose of the land leaving the land of one of the parties, with the funds of one of the parties, and with the cooperation of the parties, for the purpose of building the house, which shall be divided into houses for their own use on a pro rata basis, and for the transfer of land upon completion。
08
Does the owner of the property grant property rights to immediate family members and pay land value added tax
1. In accordance with article 2 of the provisional regulations of the people's republic of china on land value added tax (state council decree no. 138), units and individuals that transfer state land use rights, buildings on land and their attachments and earn income are liable to pay land value added tax in accordance with these regulations。
Ii. By-laws for the implementation of the provisional regulations of the people's republic of china on land value added tax (financial law) [1995] article 2 provides that the transfer of state land use rights, buildings on land and their attachments, and the acquisition of income, is an act of transferring real estate for payment by sale or otherwise. It does not include the transfer of real estate by inheritance, gift or free of charge。
Iii. In accordance with the circular of the ministry of finance of the state tax administration on specific issues of land value added tax (customs) [1995] article 4 provides that “gifts” include:
The owner of the property, the owner of the right to use it, grants the right to own the house, the right to use the land to an immediate family member or a person with a direct support obligation。
09
Can the tax paid by real estate developers when acquiring land tenure be deducted from the calculation of land value added tax
Response: based on the circular of the state tax administration on issues related to the settlement of land value added taxes (state tax letter 2010) article 5 provides that the tax paid by a real estate development enterprise in order to acquire a right to land use shall be treated as “related costs to be paid in accordance with uniform national provisions” and shall be deducted from the amount paid in order to obtain a right to land use。
10
Following the increase in the battalion, the land value added tax (vat) taxpayers accepted vat invoices for construction installation services, and what were the requirements for the invoice issuance
Response: according to article 5 of the proclamation of the state tax administration on certain regulation of land value added taxes following the retrofitment of camps (official gazette of the state tax administration service no. 70 of 2016), the land value added tax taxpayer who accepts the value added tax invoice for building installation services after the increase in the battalion is not allowed to deduct the amount of the project under the terms of the proclamation of the state tax administration on the full deprivation of the business value added tax (official gazette of the state tax administration no. 23 of 2016)。
These are for reference purposes only and are governed by the laws and regulations and related provisions。
If you have other tax-related issues, you can consult online by:
A search for “12366” access to “12366 smart counseling” through a payment treasure or micro-intelligence program。
Access to the “sundong tax” micro-mail public, click “integrated services” - “instant counselling”, and to “dr. Tax” for consultation。
Access to the state tax administration's 12366 tax service platform by clicking on “consultation”, through “intelligence advice” or “online counselling”。
Entering nails, opening the “true taxes and tax collection interactive platform” and clicking on “dr. Taxes” for consultations。
Source: provincial centre 12366, department of taxation, shandong province, national tax administration
Audit: property and taxes division, department of taxation, shandong province, national tax administration
