Taxable amount = value-added amount × tax rate-deduction item amount × quick deduction coefficient
1. The tax basis of land value-added tax is the value-added amount obtained by taxpayers in transferring real estate, which is the balance of taxpayers' income from transferring real estate after deducting the project amount stipulated in the tax law.
2. Deductions for new real estate.
(1) Amount paid for obtaining land use right
(a) the land price paid by the taxpayer to obtain the right to use the land.
② Relevant registration and transfer fees and deed tax paid by taxpayers in accordance with the unified provisions of the state when obtaining land use rights.
② Real estate development cost
The cost of real estate development refers to the actual cost incurred by taxpayers in developing real estate projects, including compensation for land acquisition and demolition, preliminary engineering fees, construction and installation engineering fees, infrastructure fees, public supporting facilities fees and indirect development fees.
③ Real estate development expenses
Real estate development expenses refer to the sales expenses, management expenses and financial expenses related to real estate development projects, but when calculating the land value-added tax, the real estate development expenses are not deducted according to the actual amount of taxpayers, and should be deducted respectively according to the following two situations:
(1) If the interest expense in financial expenses can be calculated and apportioned according to the transferred real estate project and proved by financial institutions, it can be deducted according to the facts, but the maximum amount shall not exceed the amount calculated according to the loan interest rate of commercial banks for the same period. Other real estate development expenses shall be deducted within 5% of the sum of the amount paid for the land use right and the real estate development cost. The calculation formula is:
Allowable deduction of real estate development expenses = interest+(paid land use right price+real estate development cost) ×5% or less.
(2) If the interest expense in the financial expenses cannot be calculated according to the transferred real estate project or the financial institution can't provide the certificate, the real estate development expense shall be deducted within 65,438+00% of the sum of the amount paid for obtaining the land use right and the real estate development cost. The specific deduction ratio shall be stipulated by the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government. The calculation formula is:
Deductible amount of real estate development expenses = (land use right price+real estate development cost) × 10%
(4) Taxes related to the transfer of real estate
Taxes related to real estate transfer refer to business tax, urban maintenance and construction tax and stamp duty paid when transferring real estate. Additional education fees paid for the transfer of real estate can also be deducted as tax.
It shows that the stamp duty paid by real estate development enterprises at the time of transfer has been included in the management expenses according to the financial system of real estate development enterprises, so it is not allowed to be deducted separately; Stamp duty paid by other taxpayers is allowed to be deducted here.
(5) Other deductions determined by the Ministry of Finance.
Taxpayers engaged in real estate development can deduct 20% from the sum of the amount paid for land use rights and the cost of real estate development.
Explanation 1 This discount is only applicable to taxpayers engaged in real estate development, but not to other taxpayers.
Explanation 2 Taxpayers engaged in real estate development only apply 20% plus deduction when selling "newly built commercial houses".
3. Land value-added tax rate
(1) The added value shall not exceed 50% of the deducted project amount.
Land value-added tax = value-added amount ×30%
(2) The added value exceeds 50% of the deducted project amount, but does not exceed 100%.
Land value-added tax = value-added amount ×40%- deduction of project amount ×5%
(3) The added value exceeds 100% of the deducted project amount, but does not exceed 200%.
Land value-added tax = value-added amount ×50%- deducting project amount × 15%.
(4) The added value exceeds 200% of the deducted project amount.
Land value-added tax = value-added amount ×60%- deduction of project amount ×35%
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 and payment, safeguarding the state's 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 all kinds of taxes collected by tax authorities according to law.
Article 3 The levying and ceasing of taxes, as well as the reduction, exemption, refund and supplementary payment of taxes, shall be carried out in accordance with the law. If 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, make decisions that are inconsistent with tax laws and administrative regulations, such as tax collection, suspension, tax reduction, exemption, tax refund and overdue tax.
Article 4 Units and individuals who 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.