(2) If an individual buys a house again within 1 year after selling the existing house, the tax deposit shall be refunded accordingly according to the purchase amount. If the purchase amount is greater than or equal to the original housing sales (if the original housing is purchased as public housing, the original housing sales should be deducted from the income that has been turned over to the finance or the original property right unit according to the regulations, the same below), if the returned tax deposit amount is less than the original housing sales, the tax deposit will be returned in proportion to the purchase amount and the original housing sales, and the balance will be paid into the state treasury as personal income tax.
(3) If an individual does not buy a house again within 1 year after selling the existing house, all the tax deposits paid shall be turned over to the state treasury as personal income tax.
(4) When an individual applies for refund of the tax deposit, he shall provide the competent tax authority with a legal and valid sales contract and other relevant certification materials required by the competent tax authority, and the tax deposit can only be refunded after being examined and confirmed by the competent tax authority.
Legal basis:
People's Republic of China (PRC) deed tax law
Article 1 Taxpayers who transfer the ownership of land and houses in People's Republic of China (PRC) and bear the deed tax shall pay the deed tax in accordance with the provisions of this Law.
Article 2 The transfer of ownership of land and houses as mentioned in this Law refers to the following acts:
(a) the transfer of land use rights;
(two) the transfer of land use rights, including sale, gift and exchange;
(three) the sale, gift and exchange of houses.
The transfer of land use right mentioned in item 2 of the preceding paragraph does not include the transfer of land contractual management right and land management right.
Where the ownership of land and houses is transferred by means of capital contribution (shares), debt repayment, transfer or reward, deed tax shall be levied in accordance with the provisions of this Law.
Article 3 The deed tax rate is 3% to 5%.
The specific applicable tax rate of deed tax shall be proposed by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government within the tax rate range specified in the preceding paragraph, submitted to the Standing Committee of the people's congress at the same level for decision, and reported to the NPC Standing Committee and the State Council for the record.
Provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with the procedures prescribed in the preceding paragraph, determine different tax rates for the transfer of ownership of different subjects, different regions and different types of houses.