16 policies to support real estate

I. 16 Policies to Support Real Estate

On June 165438+1October1/The Insurance Regulatory Commission of the People's Bank of China and Bank of China issued the Notice on Doing a Good Job in Financial Support for the Stable and Healthy Development of the Real Estate Market, and issued16 measures to explicitly support the stable and healthy development of the real estate market! The information is very large!

Focus on:

1, stabilize real estate development loans;

2. Support the reasonable demand for individual housing loans;

3. Stabilize the credit supply of construction enterprises;

4. Support the reasonable extension of stock financing such as development loans and trust loans;

5. Keep bond financing basically stable;

6. Maintain the financing stability of asset management products such as trust;

7. Support development policy banks to provide special loans for "Baojiao Building";

8. Encourage financial institutions to provide supporting financing support;

9. Do a good job in financial support for real estate project mergers and acquisitions;

10, actively explore market-oriented support methods;

1 1. Encourage independent negotiation according to law to postpone the repayment of principal and interest;

12. Effectively protect the personal credit right of deferred loans;

13. Extend the transitional arrangements for the management policy of real estate loan concentration;

14, optimize the M&A financing policy of real estate projects in stages;

15. Optimize the lease credit service;

16. Broaden diversified financing channels in the leasing market.

The full text is as follows.

Among them, in keeping the real estate financing stable and orderly, the Notice specifically puts forward:

If it expires within the next 6 months from the date of issuance of the notice, it may be allowed to extend beyond the original provisions 1 year, without adjusting the loan classification, and the loan classification submitted to the credit information system is consistent with it.

This means that the loans due from real estate enterprises can be extended beyond the original provisions 1 year; "Not adjusting the loan classification" means that the central bank's assessment of banks is relaxed accordingly, and it is very strong.

Xiaobo Liu, a famous expert, also expressed his view: As the industry with the highest tax rate and the strongest driving force in China, the real estate industry must recover to support the finance and employment of the whole country.

This time, the attitude given by the People's Bank of China and China Banking and Insurance Regulatory Commission is "support"!

Two. Document number: 3 1 issued by State Taxation Administration of The People's Republic of China in 2009, original text.

Notice of State Taxation Administration of The People's Republic of China City, People's Republic of China (PRC) on Printing and Distributing the Measures for Handling Income Tax of Real Estate Development Enterprises

Guo Shui Fa [2009] No.31

State Taxation Bureau and Local Taxation Bureau of all provinces, autonomous regions, municipalities directly under the Central Government and cities under separate state planning:

In order to strengthen the collection and management of enterprise income tax for real estate development and operation, and standardize the tax payment behavior of real estate development and operation enterprises, according to the provisions of People's Republic of China (PRC) Enterprise Income Tax Law, its implementing regulations and implementing rules and other relevant tax laws and administrative regulations, combined with the characteristics of real estate development and operation, State Taxation Administration of The People's Republic of China formulated the Measures for the Treatment of Enterprise Income Tax for Real Estate Development and Operation, which are hereby printed and distributed.

State Administration of Taxation (SAT)

two

Measures for the treatment of income tax of real estate development and operation enterprises

DocumentNo.: Guo Shui Fa [2009] No.365438 +0

Issued by: State Taxation Administration of The People's Republic of China, People's Republic of China (PRC).

Chapter I General Provisions

Article 1 These Measures are formulated in accordance with the Law of People's Republic of China (PRC) Municipality on the Administration of Urban Tax Collection and its implementing regulations and other relevant tax laws and administrative regulations.

Article 2 These Measures shall apply to real estate enterprises in China.

Article 3 The real estate development business of an enterprise includes land development, construction and sales of houses, commercial houses and other buildings, attachments and supporting land development. Other developed products shall be deemed as completed if they meet one of the following conditions.

Product development.

(2) The developed products have been put into use.

(3) The developed product has obtained the initial title certificate.

Article 4 Where an enterprise is under the circumstances stipulated in Article 15 of the Law of People's Republic of China (PRC) Municipality on Tax Collection and Management, the tax authorities may handle it in accordance with the provisions of tax laws and administrative regulations and gradually standardize the country, but shall not collect and manage it.

Chapter II Tax Treatment of Income

Article 5 The scope of sales revenue of developed products is the total price obtained in the process of selling developed products, including cash and cash income. All kinds of funds, fees and surcharges charged by enterprises on behalf of relevant departments, units and enterprises that are included in the price of development products or invoiced by enterprises are fully recognized as sales income according to regulations; If it is not included in the development product price and is invoiced by the enterprise, it can be used as a collection agent.

Article 6 The income obtained by an enterprise through the formal signing of a real estate sales contract or a real estate pre-sale contract shall be recognized as the realization of sales income, as follows:

(1) If the products are sold in a lump sum, the realization of the income shall be confirmed on the day when the price is actually received or the evidence (right) to claim the price is obtained.

(2) The realization of revenue is confirmed according to the price and payment date agreed in the sales contract or agreement. Realization of payer's withdrawal income.

(three) the sale of the price agreed in the contract or agreement by bank mortgage shall be confirmed on the date of actual receipt, and the balance shall be realized in the bank.

(four) commissioned sales and development of products, the realization of income should be confirmed according to the following principles:

1. If the developed products are sold by commission, the realization of income shall be confirmed on the day when the list of developed products sold by the entrusted party is received according to the price agreed in the sales contract or agreement.

2. If the development products are entrusted for sale by the way of deemed buyout, the enterprise and the buyer sign a sales contract or agreement, or the enterprise, the trustee and the buyer jointly sign a sales contract or agreement. If the price agreed in the sales contract or agreement is higher than the buyout price, the price calculated according to the price agreed in the sales contract or agreement shall be confirmed on the date of receiving the list of development products sold by the trustee. If the price agreed in the sales contract or agreement is lower than the buyout price in the first two cases, and the Consignee signs a sales contract or agreement with the Buyer, the revenue will be confirmed on the day when the list of products sold and developed by the Consignee is received.

3. If the reserve price (guaranteed reserve price) is adopted and the developed products are sold by both parties, it belongs to the sales contract or agreement signed by the enterprise and the buyer, or the sales contract or agreement signed by the enterprise, the trustee and the buyer. If the price agreed in the sales contract or agreement is higher than the base price, the price calculated according to the price agreed in the sales contract or agreement will be recognized on the day when the list of development products sold by the trustee is received, and the enterprise will pay the trustee's due share according to regulations. If the price agreed in the sales contract or agreement is lower than the reserve price, the realization of income shall be confirmed on the day when the price calculated by the trustee according to the reserve price is received. If the Consignee directly signs a sales contract with the purchaser, the revenue shall be confirmed on the date of receiving the list of products sold and developed by the Consignee according to the base price plus the share obtained according to the regulations.

4. If the developed products are sold on an exclusive basis, the realization of income can be confirmed according to the relevant provisions of the exclusive sales contract and with reference to the above 1 to 3; For the development products that have not been sold after the expiration of the underwriting period, the enterprise shall confirm the realization of income according to the price and payment method agreed in the underwriting contract or agreement.

Article 7 When an enterprise uses the developed products for donation, sponsorship, employee welfare, reward, foreign investment, distribution to shareholders or investors, repayment of debts and exchange for non-monetary assets of other enterprises, institutions and individuals, it shall be regarded as sales, and the realization of income (or profit) shall be confirmed when the ownership or use right of the developed products is transferred or the actual benefits are obtained. The method and sequence of confirming income (or profit) are as follows:

(a) determined according to the market sales price of similar products developed by the enterprise in recent months or in recent months of this year;

(two) determined by the competent tax authorities with reference to the fair market value of similar local products;

(three) determined by the cost profit rate of the developed products. The cost profit rate of developed products shall not be less than 15%, and the specific proportion shall be determined by the competent tax authorities.

Article 8 The taxable gross profit margin of enterprises selling unfinished development products shall be determined by the State Taxation Bureau and the Local Taxation Bureau of all provinces, autonomous regions and municipalities directly under the Central Government in accordance with the following provisions:

(1) The development project is located in the urban areas and suburbs where the people's governments of provinces, autonomous regions, municipalities directly under the Central Government and cities under separate state planning are located, and shall not be lower than (house price) +05%.

(two) the development project is located in the urban and suburban areas of prefecture-level cities, and shall not be less than the relocation ratio of +00%.

(three) the development project is located in other areas, not less than 5%.

(four) belong to affordable housing, price-limited housing and rebuild housing, shall not be less than 3%.

Article 9 The income obtained by an enterprise from the sale of unfinished development products shall be calculated quarterly (or monthly) according to the estimated taxable gross profit margin and included in the taxable income in the current period. After the development product is completed, the enterprise shall timely settle its tax cost and calculate the actual gross profit of previous sales revenue, and at the same time, the difference between its actual gross profit and its corresponding estimated gross profit shall be included in the taxable income of the current year calculated by combining this project with other projects.

When filing annual tax returns, the enterprise shall issue a report on the adjustment of the difference between the actual gross profit and the estimated gross profit of the developed products and other relevant materials required by the tax authorities.

Article 10 If an enterprise signs a lease reservation agreement with the lessee before the newly-built development product is completed or the initial registration of real estate is completed and the real estate title certificate is obtained, the pre-lease price obtained by the lessor shall be recognized as income from the date when the development product is delivered to the lessee for use.

Chapter III Tax Treatment of Cost Deduction

Article 11 When accounting and deducting costs and expenses, enterprises must distinguish between the period expenses and taxable costs of developed products, the taxable costs of developed products sold and the taxable costs of unsold developed products in accordance with regulations.

Article 12 The expenses incurred by an enterprise during the period, the taxable cost of selling and developing products, business tax and surcharges, and land value-added tax are allowed to be deducted in the current period according to regulations.

Article 13 The taxable cost accounting of developed products shall be handled in accordance with the provisions of Chapter IV.

Article 14 The taxable cost of the developed products that have been sold shall be determined according to the saleable area and the unit project cost of the saleable area in the current period. The unit project cost of saleable area and the taxable cost of sold development products are calculated and determined according to the following formula:

Saleable area unit project cost = total cost of cost object ÷ total saleable area of cost object.

Taxable cost of sold development products = saleable area × unit project cost of saleable area.

Article 15 The maintenance expenses actually incurred by an enterprise for unsold completed development products and sold development products (including shared parts, shared facilities and equipment) in accordance with relevant laws, regulations or contractual stipulations are allowed to be deducted in the current period according to the facts.

Sixteenth enterprises will be included in the sales revenue of shared parts, shared facilities and equipment maintenance fund in accordance with the provisions of the transfer to the relevant departments and units, should be deducted at the time of transfer.

Seventeenth clubs, property management places, power stations, heating stations, water plants, cultural and sports venues, kindergartens and other supporting facilities built by enterprises in the Development Zone shall be handled in accordance with the following provisions:

(a) belongs to the non-profit and property rights belong to all owners, or free gifts to local governments and public institutions, can be regarded as public facilities, the construction cost according to the relevant provisions of the public facilities charges.

(2) For the purpose of making profits, or the property right belongs to the enterprise, or the ownership of the property right is unclear, or donated to other units other than local governments and public utilities without compensation, the cost shall be accounted separately. Except for the enterprise's own use, they are all treated as fixed assets, and others are treated as product construction and development.

Eighteenth enterprises in the development zone construction of posts and telecommunications, schools and medical facilities costs should be accounted for separately. Among them, if the enterprise and the relevant state business management departments and units jointly build facilities and hand them over after completion, the economic compensation given by the relevant state business management departments and units can be directly deducted from the project construction cost, and the taxable income of the current period should be adjusted after deduction.

Article 19 Where an enterprise sells development products by way of bank mortgage, and it is agreed that the enterprise will provide guarantee for the buyer's mortgage loan, the deposit (guarantee money) provided to the bank when selling the development products shall not be deducted from the sales income, nor shall it be deducted as the pre-tax expenses of the current period, but it may be deducted according to the actual losses.

Article 20 If an enterprise entrusts an overseas institution to sell its developed products, the part of the sales expenses (including commission or handling fee) paid by the enterprise to the overseas institution that does not exceed 10% of the entrusted sales income shall be deducted according to the facts.

Article 21 The interest expenses of an enterprise shall be handled in accordance with the following provisions:

(1) The borrowing costs incurred by an enterprise in borrowing funds for the construction and development of products that meet the tax requirements can be collected and distributed in accordance with the provisions of the Accounting Standards for Business Enterprises, and the borrowing costs belonging to the nature of financial expenses can be directly deducted before tax.

(2) If an enterprise group or its member enterprises borrow money from a financial institution in a unified way, which is jointly used by other member enterprises in the group, the borrower may reasonably share the interest expenses among the enterprises that use the loan, and the interest reasonably shared by the enterprises that use the loan is allowed to be deducted before tax.

Twenty-second losses caused by the state's recovery of land use rights can be deducted as property losses before tax in accordance with relevant regulations.

Twenty-third products developed by enterprises (with the cost object as the unit of measurement) are scrapped or damaged as a whole, and their net losses are allowed to be deducted before tax according to relevant regulations after examination and confirmation.

Article 24 If a product developed by an enterprise is converted to self-use and the actual use time does not exceed 65,438+02 months and then sold again, the depreciation expense shall not be deducted before tax.

Chapter IV Accounting of Taxable Costs

Article 25 Taxable costs refer to the expenses incurred by an enterprise in the process of developing, constructing and researching products (including fixed assets, the same below) that should be listed as cost objects according to tax regulations.

Twenty-sixth cost object refers to the cost-bearing projects determined for the collection and distribution of various expenses in the development and construction of development products. The principles for determining taxable cost objects are as follows:

(1) the principle of marketization. If the developed products can be sold abroad, they should be accounted as independent taxable cost objects; Those who cannot operate and sell abroad can be collected as transitional cost objects first, and then their related costs can be allocated to the cost objects that can operate and sell abroad.

(2) The principle of classified collection. Projects developed by the group with the same development location, similar completion time and no obvious difference in product structure type can be accounted as cost objects.

(3) The principle of functional distinction. When a component of a development project is relatively independent and has different functions, it can be accounted as an independent cost object.

(4) The principle of pricing difference. If the expected sales prices of developed products are quite different due to different product types or functions, they should be accounted as cost objects respectively.

(5) The principle of cost difference. If there are obvious differences in the construction costs of developed products, they should be accounted for as cost objects respectively.

6. Principle of distinguishing rights and interests. If the development project belongs to entrusted agent construction or multi-party cooperative development, it shall be accounted for according to the above principles.

The cost object shall be reasonably determined by the enterprise before the start of construction and reported to the competent tax authorities for the record. Once the cost object is determined, it cannot be changed or confused at will. If it is really necessary to change the cost object, it shall be approved by the competent tax authorities.

Article 27 The taxable costs of developing products are as follows:

(1) Land acquisition fee and compensation fee. Refers to all kinds of expenses incurred for obtaining the right to use development land (or development right), mainly including land purchase fee or leasing fee, supporting fee for big cities, deed tax, farmland occupation tax, land use fee, land idle fee, compensation for land change and over-area, related taxes and fees, compensation fee, resettlement fee, resettlement housing construction fee, young crops compensation fee, dangerous house compensation fee, etc.

(2) Pre-project cost. Refers to the prophase expenses of hydrogeological investigation, surveying and mapping, planning, design, feasibility study, prophase preparation and site leveling in the prophase of project development.

(3) Construction and installation engineering costs. Refers to the construction and installation costs incurred in the development process of development projects. It mainly includes the construction cost of development projects and the installation cost of development projects.

(4) infrastructure construction costs. Refers to all kinds of infrastructure expenditures in the development process of development projects, mainly including road, water supply, power supply, gas supply, sewage, flood discharge, communication, lighting and other community pipe network engineering fees and environmental sanitation, landscaping and other garden environmental engineering fees.

(5) Fees for public supporting facilities: refers to the expenses for public supporting facilities that are independent, non-profit, and whose property rights belong to all owners or donated to local governments and government utilities free of charge.

(6) Development expenses. Refers to the costs incurred by enterprises for directly organizing and managing development projects, which cannot be attributed to specific cost objects. It mainly includes the salary of managers, employee welfare expenses, depreciation expenses, repair expenses, office expenses, utilities, labor protection expenses, project management fees, amortization of swing space and construction expenses of project marketing facilities.

Article 28 The general procedures of enterprise tax cost accounting are as follows:

(1) Classify the actual expenditures in the current period according to their nature, economic use, location and time zone, and divide them into the costs that should be included in the cost object and the period expenses that should be deducted before tax in the current period. At the same time, relevant accrued expenses and prepaid expenses shall be measured and confirmed according to regulations.

(2) The actual expenses, accrued expenses and prepaid expenses included in the cost object are reasonably divided into direct costs, indirect costs and common costs, and are reasonably collected and distributed to the completed cost object, the cost object under construction and the cost object under construction according to regulations.

(3) Allocate the cost that should be borne by the completed cost object before the current tax declaration according to the sold developed products, unsold developed products and fixed assets, deduct the part that should be borne by the sold developed products, and deduct the cost that should be borne by the unsold developed products when they are actually sold.

(4) Classify the completed cost objects in this period into development products and fixed assets, and settle their taxable costs. For developing products, the unit project cost shall be calculated according to the saleable area, and then the taxable cost of the developed products that have been sold and the taxable cost of the unsold products shall be calculated. Taxable costs of developed products that have been sold in the current period are allowed to be deducted in the current period, and taxable costs of unsold products are deducted during actual sales.

(5) For the costs that should be borne by the cost objects that have not been completed and constructed in this period, a separate detailed account should be established and settled after the development products are completed.

Article 29 The developed products developed and constructed by an enterprise shall be measured and accounted for according to the manufacturing cost method. Among them, the expenses that should be included in the cost of developing products belong to the direct cost and indirect cost that can distinguish the cost object, and are directly included in the cost object. The common cost and indirect cost of the burden object cannot be distinguished, and should be allocated to the cost object according to the principle of benefit and proportion. The specific distribution method can be selected according to the following provisions:

(1) land occupation method. Refers to the proportion of the area occupied by the development cost object to the total area of development land.

1. Once developed, it shall be allocated according to the proportion of the area occupied by one cost object to the total area occupied by all cost objects.

2. For phased development, first, the proportion of the total area of development land occupied by all cost objects in this period, and then the proportion of the total area of development land occupied by all cost objects in this period.

During this period, the land occupied by all cost objects should be deducted from the land occupied by development land during this period, and the land should be shared by the cost objects in each period.

(2) Building area method. Refers to the proportion of the construction area of the development cost object to the total construction area of the development land.

1. For one-time development, it shall be allocated according to the proportion of the construction area of a cost object to the total construction area of the cost object.

2. For phased development, the proportion of the construction area of the cost object to the planned construction area of the development land should be allocated on schedule, and then it should be allocated according to the proportion of the construction area of a cost object to the total construction area of the cost object during this period.

(3) Direct cost method. Refers to the proportion of the direct development cost of a cost object to the direct development cost of all cost objects in the period.

④ Budget cost method. Refers to the proportion of the budgeted cost of a cost object to the budgeted cost of all cost objects in the period.

Thirtieth enterprises should allocate the following costs according to the following methods:

(1) Land costs are generally apportioned by the area method. If it is really necessary to combine other methods for distribution, it shall be agreed with the tax authorities through consultation.

Land development and real estate development are linked at the same time, that is, land acquisition at one time and real estate development by stages. After being approved by the tax authorities, the land development cost can be apportioned according to the overall budget cost of the land, and then adjusted after the overall land development is completed.

(two) the development cost of public supporting facilities, which is accounted for as a transitional cost object alone, should be apportioned according to the construction area method.

(3) If the borrowing costs are shared by different cost objects, they shall be shared by direct cost method or budget cost method.

(four) the distribution method of other cost items shall be determined by the enterprise itself.

Thirty-first enterprises to obtain land use rights by non-monetary transactions, the cost should be determined according to the following provisions:

(a) enterprises and units to land use rights in exchange for the development of product investment enterprises, according to the following provisions:

1. If the exchanged development products are for the development and construction of the land, the invested enterprise will not confirm the cost temporarily when accepting the land use right. When the development products are separated for the first time, the cost of the land use right will be calculated and confirmed according to the fair market value of the products to be separated (including the products to be separated for the first time and the products to be separated later) and the relevant taxes and fees payable during the transfer of the land use right. Where premium is involved, the acquisition cost of land use right shall be added to or deducted from the premium payable.

2. If the development products exchanged are for other land development and construction, the investment-receiving enterprise shall calculate and confirm the cost of land use right according to the fair market value of the development products and the relevant taxes payable in the process of land use right transfer when the investment transaction occurs. Where premium is involved, the acquisition cost of land use right shall be added to or deducted from the premium payable.

(2) If an enterprise or unit invests the land use right in an enterprise in the form of equity, the enterprise receiving the investment shall calculate and confirm the acquisition cost of the land use right according to the fair market value of the land use right at the time of the investment transaction and the relevant taxes and fees payable during the transfer of the land use right. Where premium is involved, the acquisition cost of land use right shall be added to or deducted from the premium payable.

Article 32 Except for the following accrued (payable) expenses, the actual cost shall be the taxable cost.

(1) If the project has not been finally settled and the full invoice has not been obtained, the insufficient invoice amount may be accrued on the premise of sufficient supporting information, but the maximum amount shall not exceed 65,438+00% of the total contract amount.

(two) public facilities have not been completed or completed, and the construction cost can be reasonably accrued according to the budgeted cost. Such public supporting facilities must meet the irrevocable conditions that have been explicitly promised in the housing sales contract, agreement or advertisement or model, or must be built in accordance with laws and regulations.

(three) the construction costs and property improvement costs that should be submitted to the government for approval but have not been submitted for approval can be withheld and remitted according to the regulations. Property improvement costs refer to property management funds, public building maintenance funds or other special funds that should be borne by enterprises according to regulations.

Article 33 The parking lot built by an enterprise shall be accounted for separately as the cost object. The parking lot formed by underground infrastructure is treated as a public supporting facility.

Article 34 When an enterprise settles taxable costs, it shall obtain the actual expenses incurred without obtaining legal vouchers, which shall not be included in taxable costs. When the legal credentials are actually obtained, they are included in the taxable cost according to the regulations.

Article 35 After the development product is completed, the enterprise may choose to determine the end date of taxable cost accounting before the final settlement of enterprise income tax in the completion year, and it shall not lag behind. If the taxable cost of the completed development products is not settled in accordance with the provisions in the completion year, the competent tax authorities have the right to determine or verify the taxable cost, make corresponding tax adjustments, and deal with it according to the relevant provisions of the People's Republic of China (PRC) Tax Collection and Management Law.

Chapter V Tax Treatment of Specific Matters

Thirty-sixth enterprises to other enterprises, units and individuals as the main body of cooperation, joint venture development of real estate projects, the project has not established an independent legal person company, in accordance with the following provisions:

(1) If the development contract or agreement stipulates to distribute the development products to all investors (i.e. partners and joint ventures, the same below), when the enterprise distributes the development products for the first time, if the taxable cost of the project has been settled, it shall include the difference between the taxable cost of the development products to be distributed to investors and its investment amount in the current taxable income; If the taxable cost is not settled, the investment amount of the investor will be treated as sales income for relevant tax treatment.

(two) if the development contract or agreement stipulates the profit distribution of the project, it shall be handled in accordance with the following provisions:

1. The enterprise shall incorporate the operating profit of this project into the taxable income of the current period, uniformly declare and pay enterprise income tax, and shall not distribute the profit of this project before tax. At the same time, you can't amortize the cost or deduct the relevant interest expenses before tax because you accept the investment from the investor.

2. Investors should treat the operating profit of the project as dividends and bonuses.

Article 37 Where an enterprise invests the land use right in real estate development projects of other enterprises for the purpose of developing products, it shall be handled in accordance with the following provisions:

An enterprise shall, when acquiring a development product for the first time, decompose it into two economic businesses, namely, transferring the land use right and purchasing the development product, for income tax treatment, and calculate and confirm the gains or losses from the transfer of the land use right according to the fair market value of the development product (including the development product acquired for the first time and later) that the project should acquire.

Chapter VI Supplementary Provisions

Thirty-eighth foreign-invested enterprises engaged in real estate development and management, in June 2007+February +0 before the sale of unfinished products revenue. After the development of products is completed, tax treatment shall be carried out in accordance with the methods stipulated in Article 9 of these Measures.

Article 39 This notice shall be implemented as of June 6, 2008+10.

Three, how to understand the judicial interpretation of the Supreme People's Court sixteenth housing sales?

Article 16 Adjustment of the amount of liquidated damages

If the parties demand a reduction on the grounds that the agreed liquidated damages are too high, they shall reduce them appropriately on the basis that the liquidated damages exceed 30% of the losses caused; Where a party requests an increase on the grounds that the agreed liquidated damages are lower than the losses caused, the amount of liquidated damages shall be determined according to the losses caused by the breach of contract.

This paper is about whether and how to adjust the amount of liquidated damages.

This article actually contains three meanings: first, if the parties fail to perform their obligations as agreed or delay in performing their contractual obligations, which constitutes a breach of contract, they shall bear the liability for breach of contract according to the calculation method of the amount of liquidated damages or damages agreed in the commercial housing sales contract; Second, if the parties request a reduction on the grounds that the agreed liquidated damages are too high relative to the losses caused by breach of contract, the people can make appropriate adjustments according to whether the agreed liquidated damages exceed 30% of the losses; Third, if the parties request an increase on the grounds that the agreed liquidated damages are lower than the losses caused by breach of contract, the amount of liquidated damages shall be determined by the losses. It can be seen that the provisions of this article involve the principle of determining the amount of liquidated damages, whether the amount of liquidated damages can be adjusted and what is the reference standard for adjusting liquidated damages.

Fourth, article 16 of the original real estate?

Article 16 of real estate specifically includes: