The notice on the issuance of the "Land Value Added Tax Liquidation Management Regulations" is a document issued on May 12, 2009.

Chinese name

Notice on the issuance of the "Land Value Added Tax Liquidation Management Regulations"

Occupational

Tax

Issuing unit

State Administration of Taxation

Issuing time

May 12, 2009

Purpose

Strengthening the collection and management of land value-added tax on real estate

Basic information detailed content TA said

Basic information

Provinces, autonomous regions, municipalities directly under the Central Government and cities under separate state planning Local Taxation Bureau:

In order to strengthen the land value-added tax collection and management of real estate development enterprises and standardize the land value-added tax liquidation work, according to the "Interim Regulations of the People's Republic of China on Land Value-Added Tax" and its implementation rules, In accordance with the "Tax Collection and Management Law of the People's Republic of China" and its implementation rules and other relevant tax laws and administrative regulations, combined with the characteristics of real estate development and operation business, the State Administration of Taxation has formulated the "Land Value Added Tax Liquidation Management Regulations", which are now Printed and distributed to you, please comply with it. [1]

State Administration of Taxation

May 12, 2009

Details

Chapter 1 General Provisions

Article 1. In order to strengthen the collection and management of land value-added tax and standardize the settlement of land value-added tax, in accordance with the "Law of the People's Republic of China and the State Tax Collection Administration" and its implementation rules, " This Regulation (hereinafter referred to as the "Procedure") is formulated based on the provisions of the "Interim Regulations on Land Value-Added Tax of the People's Republic of China" and its implementation rules.

Article 2 The "Regulations" shall apply to the settlement of land value-added tax on real estate development projects.

The term "land value-added tax settlement" as mentioned in Article 3 of the "Procedures" refers to the calculation of real estate development projects by taxpayers in accordance with tax laws, regulations and relevant land value-added tax policy provisions after meeting the conditions for land value-added tax settlement. The amount of land value-added tax payable shall be paid, and the "Land Value-Added Tax Liquidation Declaration Form" shall be filled out, relevant information shall be provided to the competent tax authorities, the land value-added tax liquidation procedures shall be completed, and the land value-added tax payable for the real estate project shall be settled.

Article 4 Taxpayers shall truthfully declare the amount of land value-added tax payable to ensure the authenticity, accuracy and completeness of the liquidation declaration.

Article 5 The tax authorities shall provide taxpayers with high-quality tax services and strengthen publicity and guidance on land value-added tax policies.

The competent tax authorities should promptly review the income, deduction amount, value-added amount, value-added rate and tax calculation reported by taxpayers in a timely manner, and collect land value-added tax in accordance with the law.

Chapter 2 Preliminary Management

Article 6 The competent tax authorities shall strengthen the daily tax management of real estate development projects and implement project management. The competent tax authorities should establish files and accounts for each project starting from the time when the taxpayer obtains the land use rights, and monitor the taxpayer's entire real estate development process including project establishment, planning and design, construction, pre-sale, completion acceptance, project settlement, and project liquidation. Implement tracking and monitoring to synchronize tax management with taxpayer project development.

Article 7 The competent tax authorities shall actively pay attention to the accounting work of taxpayers during the development period of their projects. If taxpayers develop projects in phases or develop multiple projects at the same time, they shall urge taxpayers to pay different taxes according to liquidation requirements. Reasonably collect related income, costs and expenses during the period and different projects.

Article 8 For taxpayers who develop projects in phases or develop multiple projects at the same time, in areas where conditions permit, the competent tax authorities may implement project-specific invoice management measures for taxpayers in conjunction with the invoice management regulations.

Chapter 3 Liquidation Acceptance

Article 9 If a taxpayer meets one of the following conditions, the land value-added tax liquidation shall be carried out.

(1) The real estate development project is fully completed and sold;

(2) The unfinished real estate development project is transferred in its entirety;

(3) Direct transfer of land use rights.

Article 10 If one of the following conditions is met, the competent tax authorities may require taxpayers to conduct land value-added tax liquidation.

(1) For a real estate development project that has been completed and accepted, the transferred real estate construction area accounts for more than 85% of the salable construction area of ??the entire project, or the proportion does not exceed 85%, but the remaining The salable building area has been rented or used for self-use;

(2) The sales (pre-sale) license has not been completed after three years of obtaining the sales (pre-sale) license;

(3) Taxpayer application Canceling tax registration but not completing the land value-added tax settlement procedures;

(4) Other circumstances specified by the tax authorities of the province (autonomous region, municipality directly under the Central Government, city under separate state planning).

For the situation listed in item (3) of the previous paragraph, land value-added tax settlement should be carried out before deregistration.

Article 11 For projects that comply with the provisions of Article 9 of these Regulations and are subject to land value-added tax liquidation, taxpayers shall go to the competent tax authorities to handle liquidation procedures within 90 days from the date when the conditions are met. For projects that comply with Article 10 of these Regulations and the tax authorities may require taxpayers to liquidate land value-added tax, the competent tax authorities shall determine whether to carry out liquidation; for projects determined to require liquidation, the competent tax authorities shall issue a liquidation notice and the taxpayer shall Liquidation procedures shall be handled within 90 days from the date of receipt of the liquidation notice.

If a taxpayer who is subject to land value-added tax liquidation or a taxpayer who is determined to need liquidation by the competent tax authority refuses to liquidate or fails to provide liquidation information within the above-mentioned period, the competent tax authority may based on The relevant provisions of the "Tax Collection and Management Law of the People's Republic of China" shall be dealt with.

Article 12. Liquidation materials that taxpayers should provide when liquidating land value-added tax

(1) Land value-added tax liquidation form and its appendix (see the attachment for reference forms, local can be formulated according to local actual conditions).

(2) Real estate development project liquidation instructions, the main content should include the real estate development project establishment, land use, development, sales, related party transactions, financing, tax payment and other basic information as well as what the competent tax authorities need to know other situations.

(3) Project completion final account statement, land price certificate paid to obtain land use rights, state-owned land use rights transfer contract, bank loan interest settlement notice, project contract settlement statement, commercial housing purchase and sale contract statistics Forms, sales schedules, pre-sale licenses and other supporting documents related to the income, costs and expenses of transferring real estate. If the competent tax authorities require accounting vouchers for corresponding projects, taxpayers should also provide copies of the accounting vouchers.

(4) For liquidation projects that taxpayers entrust a tax intermediary agency to review and authenticate, they should also submit the "Land Value Added Tax Liquidation Tax Assurance Report" issued by the intermediary agency.

Article 13: After receiving the taxpayer’s liquidation materials, the competent tax authorities shall accept the items that meet the liquidation conditions and the submitted liquidation materials are complete; If the liquidation materials submitted are incomplete, the taxpayer should be required to make a supplementary report within the prescribed time limit. After the taxpayer completes the liquidation materials within the prescribed time limit, the application will be accepted; items that do not meet the liquidation conditions will not be accepted. The above-mentioned specific deadlines are determined by the tax authorities of each province, autonomous region, municipality directly under the Central Government, and city under separate state planning. A taxpayer may not withdraw a liquidation application that has been accepted by the competent tax authority without justifiable reasons.

Article 14 When the competent tax authorities conduct project management in accordance with Article 6 of these Regulations, they shall make an assessment of the circumstances under which the tax authorities may require taxpayers to liquidate, and determine what to do with the approval of the leaders in charge. The time when taxpayers are required to liquidate. If it is determined that liquidation will not be notified temporarily, project management should continue to be done, assessments should be made every year, the liquidation time should be determined in a timely manner and taxpayers should be notified to handle liquidation.

Article 15 After accepting the taxpayer’s liquidation materials, the competent tax authorities shall promptly organize a liquidation review within a certain period of time. The specific time limit is determined by the tax authorities of each province, autonomous region, municipality directly under the Central Government, and city under separate state planning.

Chapter 4 Liquidation Review

Article 16 Liquidation review includes desk review and on-site review.

Desk review refers to the data and logical review of the settlement materials submitted by taxpayers, focusing on reviewing the consistency of project collection, accuracy of data calculation, etc.

On-site review refers to reviewing the objectivity, authenticity and rationality of taxpayers’ declarations through on-site inspection of real estate development projects on the basis of desk review.

Article 17 During the liquidation review, it shall be reviewed whether the real estate development project is liquidated in units of projects approved and registered by relevant national departments; for projects developed in phases, whether it is liquidated in units of phased projects; Whether the value-added amount and value-added rate of different types of real estate are calculated separately, and land value-added tax is paid.

Article 18 When reviewing income, sales invoices, sales contracts (including the online registration information of the housing management department), commercial housing sales (pre-sale) licenses, real estate sales household details and other Relevant information, focus on reviewing the data correlation between sales details, real estate sales area and project salable area to verify tax income; if the area of ??commercial housing stated in the sales contract is inconsistent with the actual area measured by the relevant department, any compensation or refund will be incurred Review the income adjustment; evaluate the sales price and review whether the price is obviously low.

When necessary, the competent tax authorities can conduct on-site inspections to confirm whether there are any undercounts or omissions, and whether the developed products are used for employee benefits, incentives, external investment, or distribution to shareholders or investors. , repay debts, exchange for non-monetary assets of other units and individuals, etc.

Article 19 Determination of income from indirect sales and self-use real estate