(a) individuals who have purchased houses for less than 2 years for sale shall pay the full value-added tax at the rate of 5%; Individuals who purchase houses for more than 2 years (including 2 years) for external sales shall be exempted from VAT. The above policies are applicable to areas outside Beijing, Shanghai, Guangzhou and Shenzhen.
(2) If an individual sells a house that has been purchased for less than 2 years, he shall pay the value-added tax in full at the rate of 5%; Individuals who sell and buy non-ordinary houses for more than 2 years (including 2 years) shall pay VAT at the reduced rate of 5% according to the difference between sales income and purchase price; Individuals who purchase ordinary houses for more than 2 years (including 2 years) for external sales are exempt from value-added tax. The above policies are only applicable to Beijing, Shanghai, Guangzhou and Shenzhen.
(III) Specific procedures for handling tax exemption, time for purchasing houses, issuing invoices, purchasing houses without purchasing houses and other relevant tax management regulations are in accordance with the Notice of General Office of the State Council on Forwarding Opinions of the Ministry of Construction and Other Departments on Doing a Good Job in Stabilizing House Prices (Guo Ban Fa [2005] No.26), the Notice of State Taxation Administration of The People's Republic of China of the Ministry of Finance of People's Republic of China (PRC) on Strengthening Real Estate Tax Management (Guo Shui Fa [2005] No.89) and the Notice of State Taxation Administration of The People's Republic of China of People's Republic of China (PRC) on Strengthening Real Estate Tax Management.
Second, how to calculate the land value-added tax of real estate companies (1) Grasp two concepts.
(1) Value-added, that is, the difference between the transfer of land use rights, the income of above-ground buildings and attachments and the amount deducted from the project.
(2) Deducting the project amount, that is, the tax law allows taxpayers to deduct the project amount from the transfer income, including the paid land use right price, real estate development cost, real estate development cost, taxes and fees related to the transfer of real estate, etc.
(B) master the tax rate
Land value-added tax shall be subject to four progressive tax rates:
1, 30% tax rate for the part where the value-added amount does not exceed 50% of the deduction, and 0 for the quick deduction;
2. The tax rate is 40% for the part whose added value exceeds 50% of the deducted project amount and does not exceed 100% of the deducted project amount, and the quick deduction is 5%;
3. If the value-added exceeds 100% of the deducted project amount, but does not exceed 200% of the deducted project amount, the tax rate is 50%, and the quick deduction is15%;
4. The tax rate is 60% for the part whose value-added exceeds 200% of the deduction, and the quick deduction is 35%.
(3) Determining the taxable income
Including monetary income, physical income and other income. Among them, monetary income is the price charged for the transfer of land use rights and housing property rights. Income in kind is the appraisal income of various physical forms obtained from the transfer of real estate. Other income refers to the assessment income of intangible assets or non-patented technology obtained from the transfer of real estate.
(4) Determine the deduction items.
1, the amount paid for obtaining the land use right, including the payment of land price and related registration and transfer fees;
2, real estate development costs, including compensation for land acquisition and demolition, preliminary engineering costs, construction and installation costs, infrastructure costs and development indirect costs;
3. Real estate development expenses, mainly including interest expenses and other real estate development expenses. Among them, other real estate development expenses are calculated and deducted according to the Provisional Regulations on Land Value-added Tax and its detailed rules: if taxpayers can transfer real estate projects and can provide proof from financial institutions, they can calculate and deduct according to the above (1) and (2) with interest not exceeding 5%, otherwise, they can calculate and deduct according to the above (1) and (2).
4. Tax expenditures related to real estate transfer. Including business tax, urban construction tax, stamp duty, education surcharge, etc.
5. Other deductions. This article is mainly aimed at real estate enterprises, and enterprises specializing in real estate development can deduct 20%. This provision is particularly important for real estate development enterprises and must not be omitted in the calculation.
(5) Calculation method
First, determine the ratio of the value-added amount to the total amount of deducted items to see which tax rate the result is at, and then use the formula "land value-added tax amount = value-added amount × tax rate-amount of deducted items × quick deduction amount" to calculate.
3. How to collect the real estate value-added tax? After deducting the legal deduction amount, it will be collected at the four-level progressive tax rate. There are two situations: one is to be able to provide the purchase invoice, and the other is to be unable to provide the invoice, but to provide the evaluation report of the real estate appraisal agency.
(1) If you can provide the purchase invoice, you can deduct the following items: the amount contained in the valid invoice when you acquire the real estate, the amount increased by 5% every year according to the amount contained in the invoice from the year of purchase to the year of transfer, the taxes related to the real estate transfer paid uniformly according to the state regulations, and the deed tax paid when you acquire the real estate.
(two) can not provide purchase invoices, but can provide real estate appraisal agencies in accordance with the replacement cost assessment method, the evaluation report on the price of houses and buildings, after deducting the project amount, according to the following standards:
1. Proof of the amount paid when obtaining the right to use state-owned land.
2 intermediary agencies to assess the housing construction price (excluding land evaluation value) confirmed by the local competent tax authorities.
3. According to the national regulations, the real estate industry will implement the reform of the camp from May 1 day, and uniformly pay taxes and fees related to real estate transfer and price evaluation fees.