(A) the use of critical point for tax planning
According to Article 8 of the Provisional Regulations on Land Value-added Tax in People's Republic of China (PRC) (hereinafter referred to as the Provisional Regulations on Land Value-added Tax), land value-added tax shall be exempted in any of the following circumstances:
(1) Taxpayers build ordinary standard houses for sale, and the added value shall not exceed 20% of the deducted project amount.
(two) due to the needs of national construction, real estate requisitioned and recovered according to law.
According to the provisions of Article 7 of the Provisional Regulations on Land Value-added Tax, the land value-added tax is subject to four progressive tax rates:
(1) The tax rate is 30% for the part whose added value does not exceed 50% of the amount of the deducted items.
(2) The tax rate shall be 40% for the part where the added value exceeds 50% of the amount of the deducted items and does not exceed 100% of the amount of the deducted items.
(3) The tax rate shall be 50% for the part where the added value exceeds 100% of the amount of the deducted item and does not exceed 200% of the amount of the deducted item.
(4) The tax rate is 60% for the part whose value-added exceeds 200% of the project deduction.
If the value-added rate of ordinary standard houses built by enterprises is at the critical point of 20%, the land value-added tax can be avoided by properly controlling the sales price. According to the provisions of Article 6 of the Provisional Regulations on Land Value-added Tax, the deduction items for calculating the value-added amount include:
(1) Amount paid for obtaining land use right.
(2) Costs and expenses of land development.
(three) the cost and expenses of new houses and supporting facilities, or the evaluation price of old houses and buildings.
(4) Taxes related to real estate transfer.
(5) Other deductions as stipulated by the Ministry of Finance.
According to Article 7 of the Detailed Rules for the Implementation of the Provisional Regulations on Land Value-added Tax in People's Republic of China (PRC) (hereinafter referred to as the Detailed Rules for the Implementation of the Provisional Regulations on Land Value-added Tax), the "other deduction items" here are 20% of the sum of the amount paid for obtaining the land use right and the cost of developing land and building new houses and supporting facilities.
According to the Notice of the General Office of the State Council on Forwarding the Opinions of the Ministry of Construction and Other Departments on Stabilizing Housing Prices (Guo Ban Fa [2005] No.26), the standard of ordinary standard housing is: the plot ratio of residential quarters is above 1.0, the single building area is below 1.20 square meters, and the actual transaction price is 1.2 times the average transaction price of housing on the same level of land. All provinces, autonomous regions and municipalities directly under the Central Government shall, according to the actual situation, formulate specific standards for ordinary housing enjoying preferential policies in their respective regions. Allow a single set of construction area and price standards to float appropriately, but the floating ratio shall not exceed 20% of the above standards.
Here is an example to help you understand.
For example, a real estate development enterprise has built a number of ordinary standard houses and earned 25 million yuan in sales revenue. According to the provisions of the tax law, the amount of items allowed to be deducted is 20.7 million yuan. The added value of this project is: 2500-2070=430 (ten thousand yuan); The proportion of the added value of this project to the deducted items is: 430 ÷ 2070 = 20.77%. According to the tax law, the tax rate of land value-added tax is 30%: 430× 30% = 129 (ten thousand yuan). Please put forward a tax planning scheme.
Analysis: If the enterprise can reduce the sales income to 24.8 million yuan, the value-added amount of the project is: 2480-2070=4 10 (ten thousand yuan); The added value of this project accounts for 410 ÷ 2070 =19.85438+0%. If the value-added rate does not exceed 20%, the land value-added tax may be exempted. The enterprise reduced its sales income by 200,000 yuan, paid less land value-added tax by 6.5438+0.29 million yuan, and increased its pre-tax profit by 6.5438+0.09 million yuan.
(B) tax planning in the process of interest payment
Real estate development enterprises often need to use a lot of loans, which involves interest expenses. As for the deduction of interest expenses, China's tax law stipulates some restrictions. Article 7 of the Detailed Rules for the Implementation of the Provisional Regulations on Land Value-added Tax in People's Republic of China (PRC) stipulates: "If the interest expenses in financial expenses can be calculated and apportioned according to the transferred real estate projects and provided with the certificate of financial institutions, they 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 calculated amounts in Items (1) and (2) of this article. If the interest expense cannot be calculated according to the transferred real estate project or the financial institution certificate cannot be provided, the real estate development expense shall be deducted within 65,438+00% of the sum of the amounts calculated according to items (1) and (2) of this article. The specific proportion of the above deductions shall be stipulated by the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government. " The amount paid in item (1) for obtaining the land use right refers to the land price paid by the taxpayer for obtaining the land use right and the related expenses paid in accordance with the unified provisions of the state. Item (2) here refers to the cost of developing land, building new houses and supporting facilities, and refers to the actual cost of taxpayers' real estate development projects, including compensation for land acquisition and demolition, preliminary engineering costs, construction and installation costs, infrastructure costs, public supporting facilities costs and indirect development costs.
The deduction limit of loan interest of real estate enterprises can be divided into two situations: one is to deduct it according to the facts within the interest rate limit of similar loans of commercial banks in the same period; The other is to deduct it together with other expenses within 10% of the real estate development cost stipulated in the tax law. These two deduction methods provide space for enterprises to make tax planning, and enterprises can decide which deduction method to adopt according to the difference of deductible expenses in the two calculation methods.
If a real estate enterprise develops a real estate, it will pay100,000 yuan for obtaining the land use right, and120,000 yuan for developing land to build new houses and supporting facilities. The interest expense that can be apportioned according to the transferred real estate project is 2 million yuan, which does not exceed the interest rate of similar loans of commercial banks in the same period. Please confirm whether the enterprise provides the certificate of financial institution?
Analysis: If the financial institution certificate is not provided, the maximum amount of expenses that the enterprise can deduct is: (1000+1200) ×10% = 220 (ten thousand yuan); If the financial institution certificate is provided, the maximum amount that the enterprise can deduct is: 200+(1000+1200) × 5% = 310 (ten thousand yuan). It can be seen that in this case, it is a favorable choice to provide proof of financial institutions.
(3) Tax planning in the process of charging.
According to the Notice of the Ministry of Finance of State Taxation Administration of The People's Republic of China on Some Specific Issues Concerning Land Value-added Tax (Cai Shui [1995] No.48), the fees charged by the people's governments at or above the county level for real estate development enterprises during the period of selling houses, if they are included in the house price and charged to the buyers, can be taxed as the income obtained from the transfer of real estate; The collection fee is not included in the house price, but charged separately outside the house price, and shall not be regarded as the income from the transfer of real estate. If the collection fee is taxed as the transfer income, it can be deducted when calculating the amount of deduction items, but it shall not be used as the base for adding 20% deduction; If the collection fee is not taxed as the income from the transfer of real estate, the collection fee shall not be deducted when calculating the value-added amount.
Whether the collection fee is included in the house price will not affect the value-added of the enterprise, but will affect the total cost of real estate development, and will also affect the value-added rate of real estate, thus affecting the amount of land value-added tax. Therefore, enterprises can use this provision for tax planning.
For example, a real estate development enterprise develops a set of real estate and pays 3 million yuan to obtain the land use right. The land and real estate development cost is 8 million yuan, the allowable deduction of real estate development cost is 6.5438+0.4 million yuan, the transfer real estate tax is 6.5438+0.4 million yuan, and the real estate sales price is 25 million yuan. Various fees collected for the local people's government at the county level are 1 ten thousand yuan. Now it is necessary to determine whether the enterprise collects this fee alone or in combination with the house price.
Analysis: If the fee is charged separately, the deductible fee of the property is: 300+800+100+(300+800) × 20%+140 =1560 (ten thousand yuan), and the added value is: 2500-650.
If this expense is included in the house price, the deductible expense of this property is: 300+800+100+(300+800) × 20%+140+100 =1660 (ten thousand yuan), and the added value is. Tax planning to reduce the burden of land value-added tax: 298-293=5 (ten thousand yuan).
(d) Tax planning by adding deductions.
Land value-added tax is one of the main costs of real estate development. If the value-added rate of ordinary standard housing construction does not exceed 20%, it can be exempted from land value-added tax. Enterprises can enjoy tax-free treatment by increasing deduction items so that the value-added rate of real estate does not exceed 20%.
For example, a real estate company develops a set of ordinary standard houses, the house price is 6,543,800+million yuan, the deductible expenses are 8 million yuan according to the tax law, the value-added amount is 2 million yuan, and the value-added rate is 200,800 = 25%. Real estate companies need to pay land value-added tax: 200× 30% = 60 (ten thousand yuan), business tax: 1000× 5% = 50 (ten thousand yuan), urban maintenance and construction tax and education surcharge: 50× (7%+3%) = 5 (ten thousand yuan). Excluding enterprise income tax, the profit of this real estate company is: 1000-800-60-50-5=85 (ten thousand yuan). Please put forward the tax planning scheme of this enterprise.
Analysis: If the real estate company carries out tax planning and simply decorates the house, the cost will be 2 million yuan, and the house price will increase to120,000 yuan. Then, according to the provisions of the tax law, the deduction items were increased to 6.5438+million yuan, with an added value of 2 million yuan. The value-added rate is 200 ÷ 654.38+0000 = 20%, and there is no need to pay land value-added tax. Real estate companies need to pay business tax: 1200× 5% = 60 (ten thousand yuan), urban maintenance and construction tax and education surcharge: 60× 10% = 6 (ten thousand yuan). Excluding corporate income tax, the profit of this real estate company is:1200-1000-60-6 =134 (ten thousand yuan). Tax planning to reduce corporate tax burden: 134-85=49 (ten thousand yuan).
(five) the use of land value-added tax preferential policies for tax planning.
China has stipulated many preferential tax policies for land value-added tax, and real estate development enterprises can create conditions for tax planning by enjoying the preferential policies stipulated in the tax law.
The statutory tax reduction and exemption items of land value-added tax are as follows:
(1) Taxpayers build ordinary standard houses for sale, and the added value shall not exceed 20% of the deducted project amount. Ordinary standard houses refer to residential houses built according to local ordinary civil housing standards. Senior apartments, villas, resorts, etc. It does not belong to ordinary standard rooms. The specific boundaries between ordinary standard houses and other houses shall be stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. If taxpayers build ordinary standard houses for sale, and the value-added amount does not exceed 20% of the amount of legal deduction items, 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.
(two) due to the needs of national construction, real estate requisitioned and recovered according to law. The real estate requisitioned and reclaimed by the state construction according to law refers to the real estate requisitioned or reclaimed by the government for the needs of urban planning and state construction. Due to the need of urban planning and national construction, taxpayers who transfer the original real estate by themselves shall be exempted from land value-added tax according to these regulations.
(3) If an individual transfers the original owner-occupied house due to job transfer or improvement of living conditions, it shall be exempted from land value-added tax after being approved by the tax authorities. Those who have lived for 3 years but less than 5 years will be subject to land value-added tax by half. If you have lived for less than 3 years, land value-added tax will be levied according to regulations. From June 5438+065438+1 October1day in 2008, individual residents who transfer their houses are exempted from land value-added tax.
(six) tax planning through two sales of real estate.
The taxes borne by real estate sales are mainly land value-added tax and business tax, while land value-added tax is a progressive tax rate, that is, the higher the value-added rate of real estate, the higher the applicable tax rate. Therefore, if we can decompose the sales price of real estate, thus reducing the value-added rate of real estate, we can greatly reduce the land value-added tax borne by real estate sales. Because many properties have been simply decorated when they are sold, we can make a fuss about simple decoration and make it an independent accounting, so that tax planning can be carried out by selling properties twice.
Let me give you an example to help you analyze it.
For example, a real estate company sells a house with a total price of 6,543,800 yuan, which has been simply renovated and installed with simple necessary facilities. According to the relevant tax laws, the allowable expenses of real estate development business are 4 million yuan, and the value-added amount is 6 million yuan. Real estate companies should pay land value-added tax, business tax, urban maintenance and construction tax, education surcharge and enterprise income tax. Land appreciation rate: 600/400 =150%. According to Article 10 of the Detailed Rules for the Implementation of the Provisional Regulations on Land Value-added Tax, if the value-added exceeds 100% but does not exceed 200%, the land value-added tax amount = value-added ×50%- value-added × 15%. Therefore, land value-added tax should be paid: 600× 50%-400× 15% = 240 (ten thousand yuan), business tax should be paid: 1000× 5% = 50 (ten thousand yuan), urban maintenance and construction tax and education surcharge should be paid: 50×/kloc- Excluding enterprise income tax, the profit of this real estate company is: 1000-400-240-50-5=305 (ten thousand yuan). Please put forward the tax planning scheme of this enterprise.
Analysis: If tax planning is carried out, the sale of houses will be divided into two contracts. The first contract is a house sales contract, excluding decoration expenses. The sale price of the house is 7 million yuan, and the allowable deduction fee is 3 million yuan. The second contract is the house renovation contract, the decoration cost is 3 million yuan, and the deduction cost is allowed to be 6,543,800 yuan. Then the land appreciation rate is 400 ÷ 300 = 133%. Land value-added tax payable: 400× 50%-300×15% =155 (ten thousand yuan), business tax: 700× 5% = 35 (ten thousand yuan), urban maintenance and construction tax and education surcharge: 35×10%. Business tax should be paid for decoration income: 300× 3% = 9 (ten thousand yuan), urban maintenance and construction tax and education surcharge: 9× 10% = 0.9 (ten thousand yuan). Excluding corporate income tax, the profit of this real estate company is: 700-300-155-35-3.5+300-100-9-0.9 = 3.966 (ten thousand yuan). After tax planning, reduce the corporate tax burden: 396.6-305=9 1.6 (ten thousand yuan).