First, the real estate development enterprise tax planning skills
Due to the wide business scope and complex business activities of real estate development enterprises, various planning techniques have been adopted. According to their characteristics and business operations, the tax planning techniques they adopted can be summarized as follows.
(A) to avoid platform planning
Land value-added tax is applicable to four-level progressive tax rate, and there is an obvious critical point of tax rate jump. Therefore, tax saving can be planned by circumventing the rules of platform planning, and the key operation is to control the growth rate, which can be achieved through price adjustment and deduction.
(B) investment transformation technology
In addition to the traditional business model of developing and selling real estate, real estate development enterprises can also adopt various business models such as leasing and investment joint ventures. For real estate development enterprises, the transformation technology has a very obvious effect.
(C) Tax base planning technology
Real estate development enterprises occupy a lot of funds and need to constantly raise funds to maintain their development capabilities, and the focus of tax planning in capital planning is how to reduce the tax base. Bank loan financing and bond issuance are both financing methods, which can reduce the tax burden by using the interest tax deduction effect, while stock issuance belongs to the equity fund model and can only be distributed according to after-tax profits, which can not effectively reduce the tax base.
Implementation technology
The main business income planning, its breakthrough point is to use the realization technology to reasonably control and confirm the realization of income and reduce the tax burden. For real estate enterprises, the tax policy is very strict with their income, and the pre-sale income should also be increased according to the expected profit rate, and the enterprise income tax should be paid in advance. Real estate sales deposit and real estate advance payment should be included in the total income and pay business tax.
Second, the tax planning model of real estate development enterprises
(A) the use of critical point for tax planning
The tax critical point planning method refers to that taxpayers avoid heavy tax burden by increasing or decreasing income or expenditure when they encounter a tax critical point in their operations. At present, the most commonly used method in real estate development is planning land value-added tax. According to the provisions of the tax law, if taxpayers build ordinary standard houses for sale, and the value-added amount does not exceed 20% of the deducted project amount, they will be exempted from land value-added tax; If the value-added amount exceeds 20% of the project deduction, it shall be taxed according to the total value-added amount. The "20% appreciation" here is what we often call the "critical point". According to the tax burden effect of the critical point, tax planning can be carried out. If the value-added rate of ordinary standard houses built by real estate development enterprises is at the critical point of 20%, first, by properly controlling the selling price. When the sales revenue decreases, the value-added rate will naturally decrease if the amount of deduction items remains unchanged. Of course, this will bring another consequence, that is, it will lead to a decrease in income. Whether this measure is desirable or not, we have to compare the reduced income with the tax expenditure to control the decline of value-added rate, and weigh the gains and losses to make a choice. The second is to increase the deductible items. For example, increase the cost of real estate development, real estate development costs and so on. , thus further improving the quality of commercial housing. However, when increasing the cost of real estate development, we should pay attention to the proportion limit stipulated in the tax law, and the deduction ratio of development cost should not exceed 10% of the sum of the amount paid for obtaining land use rights and the real estate development cost.
Dahai Real Estate Development Co., Ltd. built ordinary standard houses and realized sales income of 6.93 million yuan. The company paid 6,543,800 yuan for the construction of ordinary standard houses and invested 3,000,000 yuan for real estate development (including 400,000 yuan for compensation for land acquisition and demolition, 400,000 yuan for preliminary work, 6,543,800 yuan for construction and installation, 400,000 yuan for infrastructure and 400,000 yuan for indirect development). The cost of real estate development is 400,000 yuan, as well as taxes and fees related to real estate transfer. According to the tax law, in addition to the above expenses, real estate enterprises can also deduct (100+300) × 20% = 800,000 yuan. Therefore, the value-added rate of this real estate enterprise is (693-100-300-40-80-55)/(100+300+40+80+55) = 20.5%. According to the tax law, the rate of land value-added tax is 30% (693-100-300-40-80-55) × 30% = 354,000 yuan. The after-tax profit of the enterprise is 693-100-300-40-80-55-35.4 = 826,000 yuan. If the enterprise carries out tax planning, the selling price of these houses will be reduced to 6.9 million yuan, and the company's value-added rate will be (693-100-300-40-80-55)/(100+300+40+80+55) = 20%. The after-tax profit of the enterprise is 690-100-300-40-80-55 =115000 yuan. After tax planning, the enterprise can reduce the tax burden115-82.6 = 324,000 yuan.
Similarly, real estate enterprises can also use the critical point of land value-added tax to make tax planning by adding deduction items. For example, the Yellow River Real Estate Development Company develops a set of ordinary standard houses, and the house price is 6.5438+million yuan. According to the tax law, the deductible project amount is 8.65438+million yuan. The value-added amount is 1.9 million yuan, and the value-added rate is 200/800=23.4%. Real estate companies need to pay land value-added tax190× 30% = 570,000 yuan, business tax1000× 5% = 500,000 yuan, urban maintenance and construction tax and education fee 50× (7%+). Excluding enterprise income tax, the profit of this real estate company is1000-810-57-50-5 = 780,000 yuan. If the real estate company carries out tax planning and simply decorates the house, the cost will be 654.38+0.05 million yuan, and the house price will increase to 654.38+0./kloc-0.00 million yuan. Then, according to the provisions of the tax law, if the deductible items are increased to 910.5 million yuan, the value-added amount is 6.5438+0.85+0.5 = 20%, so there is no need to pay the land value-added tax. The real estate company is required to pay business tax1100× 5% = 550,000 yuan, and the urban maintenance and construction tax and education surcharge is 55× (7%+3%) = 55,000 yuan. Similarly, regardless of corporate income tax, the profit of this real estate company is1100-915-55-5.5 =1245,000 yuan. Tax planning reduces corporate tax burden124.5-78 = 465,000 yuan. Because land value-added tax is one of the main costs of real estate development, the land value-added tax can be exempted if the value-added rate of ordinary standard houses does not exceed 20%. Enterprises can enjoy tax-free treatment by increasing deduction items so that the value-added rate of real estate does not exceed 20%.
(B) the use of different investment methods for tax planning
There are two different ways for real estate development companies to invest in investment real estate: one is to rent it out for rent; The second is to share profits with real estate joint ventures. These two investment methods involve different taxes and tax burdens, and there is a large space for tax planning.
Dahai Real Estate Development Company has an idle property in Heze City. The original value of the property is 6,543,800 yuan, and the actual use area is 300 square meters. In June 2008, foreign investment will be prepared. If leased, the estimated annual rent is 2 million yuan. If it is used in a joint venture, it is estimated that the profit of the joint venture will be 5 million yuan per year. Then, let's analyze which way can save taxes for enterprises.
Assuming that the original value of the property is P and the usable area of the property is L square meters, if the property is leased, the annual rental income will be R 1, which will be used for joint venture. It is estimated that the share of Dahai Real Estate Development Company in the annual profit of the joint venture is R2, and the tax burden of leasing and joint venture is T 1 and T2 respectively.
1, the tax burden to be borne by the rental.
Business tax: real estate leasing belongs to the service industry, and it is taxed at 5% of the rental income, which should be 5% × r1; Property tax: the property tax is calculated and paid according to the rental income of the property, and the tax rate is 12%, so the property tax is12% × r1; Urban construction tax: Assuming that Dahai Real Estate Development Company is located in the urban area, the urban construction tax rate is 7%. According to the business tax paid by Dahai Real Estate Development Company, the urban construction tax is 5% × r1× 7% = 0.35% r1; Education surcharge: 3% × 5 %× r1= 0.15% r1; Stamp duty: when signing a contract, the enterprise must pay stamp duty. According to Article 3 of the Provisional Regulations on Stamp Duty in People's Republic of China (PRC), "stamp duty is levied at one thousandth of the lease amount", so the tax burden of stamp duty is 0.1%r1; Income tax: business tax, urban construction tax and education surcharge can be deducted before tax, so the income tax payable for enterprise rental income is 25% × (r1-5% r1-0.35% r1-0.15% r/kloc-0.
Total tax burden T 1= business tax+property tax+urban construction tax+education surcharge+stamp duty+income tax = 5% r1+12% r1+0.35% r1+0./kloc-. 438+0, that is, under the lease mode, the overall tax burden of the company is t1= 41.22% r1.
2. The tax burden borne by the joint venture.
Property tax: according to the tax law, the residual value of the property tax is deducted at one time from the original value of the property 10%-30%, and the tax rate is 1.2%. Assuming that the deduction rate is 30%, the property tax burden is =1.2 %× (1-30%) p. Land use tax (this tax is fixed, and the standards vary from place to place. Taking Heze City as an example, the urban unit tax is 0.68 yuan/square meter), then the land use tax burden is 0.68×L = 0.68 L；; Income tax: the income tax payable on the profits of the joint venture, and the income tax burden =R2×25%=25%R2.
Total tax burden T2= property tax burden+land use tax burden+income tax burden =1.2% × (1-30%) p+0.68l+25% R2 = 0.0084p+0.68l+25% R2.
Seek a balance of tax burden. Because the rental income is relatively fixed, it can be agreed before leasing, while the joint venture income is uncertain because of many influencing factors, so the rent can be used to predict the joint venture income. When the tax burden is equal, that is,
41.22% r1= 0.0084p+0.68l+25% R2, then R2 = (41.22r1-0.84p-68l)/25.
When investing in real estate, the above function formula can be used for calculation, and the basic conclusions are as follows: if the expected joint venture income R2 >；; (4 1.22× rental income -0.84× original value of the property +68× actual use area) /25. The property tax burden of joint venture is lighter than that of lease, so it is appropriate to adopt joint venture from the tax point of view; If the expected income R2 of the joint venture is less than (465,438+0.22× rental income -0.84× original value of the property +68× actual use area) /25, the tax burden of the leased property is lighter than that of the joint venture. In this case, because the share of the sea real estate development company is 5 million yuan, and 500
(C) the use of different financing methods for tax planning
Real estate development enterprises have a great demand for funds, and how to raise funds better plays a vital role in the company's operation. From the perspective of taxation, different financing models bear different tax burdens.
Suppose that a new project developed by Dahai Real Estate Development Company in June 5438+1October 2008 needs 1000000 yuan. Due to the different financing methods adopted by companies, the impact on corporate tax burden is bound to be different.
If the enterprise chooses the bank loan financing method, it needs to pay 800,000 yuan of interest every year at the annual interest rate of 8%. According to the tax law, interest expenses can be deducted before tax. Therefore, the bank loan financing method will affect the company's profit of 800,000 yuan, which can save the company 80 × 25% = 200,000 yuan. If Dahai Real Estate Development Company is approved to issue bonds for financing, corporate bonds can be issued to the public or only to employees within the enterprise. According to the tax law, capital dividends cannot be deducted before tax, while bond interest can be charged as expenses before tax. If the annual interest rate of bonds is 10%, the impact of bond financing on the company's profits is10 million yuan, that is, issuing bonds can save the company 250,000 yuan (100× 25%). Using the above two financing methods can achieve the purpose of tax saving, but the impact is different. However, if enterprises raise funds by issuing stocks, they can only distribute them according to after-tax profits, so they cannot effectively reduce the tax base.
(D) using different ways of collection for tax planning
Real estate development enterprises confirm the sales income after the legal ownership of real estate is transferred, but they should adopt the principle of prudence in practical work and objectively evaluate the realization of income. If the estimated price cannot be recovered, it cannot be recognized as income; Only part of the recovered price is recognized as income.
Due to the high unit value of real estate, it is difficult for buyers to spend a large sum of money to buy real estate at one time, and real estate development enterprises generally sell by installment. In this way, the enterprise can't confirm the income according to the total selling price, and then transfer the cost as a response, which plays a role in tax saving.
Dahai Real Estate Development Co., Ltd. signed a contract to sell real estate by stages, of which the total price of commercial housing was 8 million yuan, with a down payment of 40%. After the down payment, the ownership of the commercial house is transferred. If the income is confirmed at this time, the business tax payable is 800×5%=40 (ten thousand yuan). If the income is confirmed by stages, the business tax payable for the first time is 800×40%×5%= 16 (ten thousand yuan). The business tax paid for the last three times is 800×20%×5%=8 (ten thousand yuan), and * * is 16+3×8=40 (ten thousand yuan). Although the business tax paid by the two methods is 400,000 yuan, the tax payment time can be delayed by confirming the income by stages.
It is worth noting that Guo Shui Fa [2009] No.31Notice of State Taxation Administration of The People's Republic of China, People's Republic of China (PRC) on Levying Enterprise Income Tax on Real Estate Development Business stipulates five income recognition standards under special circumstances. If the products are sold by stages, the realization of income shall be confirmed according to the payment date agreed in the sales contract or agreement. If the payer pays in advance, it shall confirm the realization of income according to the actual payment date. If a real estate development enterprise sells its developed products by pre-sale, the pre-sale income obtained in the current period shall comply with the provisions of relevant laws and regulations, such as the stipulated profit rate (the affordable housing project must comply with the notice of the Ministry of Construction, the National Development and Reform Commission, the Ministry of Land and Resources, and the Notice of the People's Bank of China on Printing and Distributing the Measures for the Administration of Economically Affordable Housing (No.77 [2004]), and the taxable gross profit rate of the pre-sale income shall not be less than 3%. When the development enterprise makes the initial tax declaration on the pre-sale income of affordable housing projects, it must attach the approval documents of relevant departments and other relevant certification materials. Anyone who does not meet the requirements or does not attach the approval documents of relevant departments and other relevant certification materials shall pay enterprise income tax according to the provisions on the sale of non-economic applicable housing. The estimated taxable gross profit rate of non-affordable housing development projects shall be determined in accordance with the following provisions: 1. If the development project is located in the urban and suburban areas where the people's governments of provinces, autonomous regions, municipalities directly under the Central Government and cities under separate state planning are located, it shall not be less than 15%. 2. Development projects located in urban areas and suburbs of prefecture-level cities shall not be less than 10%. 3 development projects located in other regions, not less than 5%. 4, which belongs to affordable housing, price-limited housing and rebuild housing, shall not be less than 3%. ) calculate the estimated operating profit, then incorporate it into the taxable income of the current period and pay enterprise income tax uniformly, and then make settlement adjustment after the development of products is completed.