Legal analysis: According to 1 and the latest regulations of individual selling house tax in 2020, personal income tax is generally calculated according to the method of collecting personal income tax required by the state. The first is to be able to issue an accurate proof of the original value of the fixed assets of the house, in addition to collecting 20% of the personal transfer income. Secondly, if the original value of the fixed assets of the house is not accurately displayed, the tax on the general house is also levied at 1% of the transaction price. 2. According to the requirements of the Notice of the Ministry of Finance and the Ministry of Construction of State Taxation Administration of The People's Republic of China on Relevant Issues Concerning the Collection of Individual Income Tax on the Sale of Housing, the individual income tax paid for the sale of existing housing can also be paid in the form of tax guarantee first, and all or part of the tax guarantee must be returned according to the relationship between the re-purchased amount and the total sales of the original housing within one year. 3. Personal income tax is levied on some personal income from housing transfer, and the transfer income is generally based on the specific transaction volume price. The housing transaction price applicable to taxpayers should also be significantly lower than the sales market price. If there is no normal reason, the tax bureau also has the right to verify the transfer income according to the relevant information, but it also needs to maintain the consistency of all taxes on the tax basis. 4. Taxpayers can calculate the taxable income of individual income tax according to the income from the transfer of housing, and allow them to deduct the original value of the fixed assets of the housing from the income based on the purchase contract until they have reasonable evidence and are approved by the tax bureau, and the taxes paid during the whole transfer process also have relevant effective expenses. 5. In addition, the taxes paid in the whole transfer process generally refer to the value-added tax, urban construction tax, surcharge, land tax and contract stamp duty paid by taxpayers in the process of housing transfer. Effective expenditure generally means that taxpayers should pay the decoration budget, housing loan interest, service fees, notary fees and other tax unification as required.
Legal basis: People's Republic of China (PRC) Tax Collection and Management Law.
Article 1 This Law is formulated with a view to strengthening the administration of tax collection, standardizing tax collection, safeguarding national tax revenue, protecting the legitimate rights and interests of taxpayers and promoting economic and social development.
Article 2 This Law is applicable to the collection and management of various taxes collected by tax authorities according to law.
Article 3 The collection, suspension, reduction, exemption, refund and supplementary payment of taxes shall be carried out in accordance with the law. Where the State Council is authorized by law, it shall be implemented in accordance with the administrative regulations formulated by the State Council.
No organ, unit or individual may, in violation of the provisions of laws and administrative regulations, arbitrarily make decisions on tax collection, suspension, tax reduction, exemption, tax refund, overdue tax and other decisions inconsistent with tax laws and administrative regulations.
Article 4 Units and individuals that are obligated to pay taxes according to laws and administrative regulations are taxpayers.
Units and individuals that have the obligation to withhold and pay taxes according to laws and administrative regulations are withholding agents. Taxpayers and withholding agents must pay taxes, withhold and remit taxes and collect and remit taxes in accordance with the provisions of laws and administrative regulations.