In China, real estate tax includes value-added tax, enterprise income tax, personal income tax, property tax, urban land use tax, urban real estate tax, stamp duty, land value-added tax, investment direction adjustment tax, deed tax, farmland occupation tax, etc.
When it comes to real estate tax, we have to talk about real estate tax. Now there are still many people who confuse real estate tax with real estate tax.
Although there is only one word difference between property tax and real estate tax, the concept is still different. Property tax is a kind of property tax levied on property owners based on the taxable residual value or rental income of houses.
To be precise, real estate tax includes property tax.
What tax does an individual need to pay for buying a house?
Individuals who purchase new houses need to bear the corresponding taxes in addition to the house payment.
0 1 deed tax
Deed tax, as its name implies, refers to the tax levied on contracts, which is a kind of property tax levied on the property owners based on the real estate whose ownership has changed.
Pay deed tax according to 1%-3% of the appraised amount when buying a house. According to the latest tax law of our country, the first time you buy a house within an area of 90 square meters 1%, the area is 90 square meters-144 square meters, and the first time 1.5%. If you don't buy a house for the first time or if it is more than 144 square meters, you will pay 3%, which will be paid by the buyer.
Taxable amount of new house = tax basis? Tax rate.
If Li Ming bought a 90-square-meter new house last year (for the first time), the total house price was1000000 yuan, and the deed tax that Li Ming had to bear was =1000000 yuan *1.5% =1.5000 yuan.
02 stamp duty
Compared with deed tax, stamp duty is a small amount, and stamp duty is 0.5 of the total house price? Pay.
In other words, for a house with a price of1000000, it is only necessary to pay 500 yuan stamp duty. Generally, stamp duty is paid together with the down payment, which is also convenient for developers to uniformly handle contract registration and real estate license.
What taxes do real estate enterprises need to pay in selling houses?
In order to prevent development enterprises from delaying the recognition time of income realization, arbitrarily determining the cost object or confusing the cost boundary, and to ensure the timely and full storage of state taxes and the fairness of tax burden and tax payment time among different taxpayers, the tax law has stipulated the main taxes for real estate enterprises to obtain pre-sale income.
The main taxes involved in the pre-sale of houses by real estate development enterprises are value-added tax, land value-added tax, enterprise income tax and stamp duty.
0 1 VAT (sales of real estate)
Article 1 of the Provisional Regulations on Value-added Tax of the People's Republic of China (the State Council Order No.691) stipulates that units and individuals selling goods or processing, repair and replacement services, selling services, intangible assets, real estate and imported goods within the territory of the People's Republic of China are taxpayers of value-added tax and shall pay value-added tax in accordance with these regulations.
The pre-sale of development products by real estate enterprises belongs to the act of selling real estate. As a taxpayer of value-added tax, the tax rate is 9%, and the tax amount is the total price and extra expenses charged by real estate development enterprises for selling real estate.
If a real estate enterprise sells commercial housing in advance, its tax obligation occurs on the day when it receives the advance payment.
Tax risk warning
1. Real estate development enterprises should pay value-added tax in accordance with the regulations and consciously fulfill their duty to pay value-added tax for the deposit, liquidated damages, compensation and deferred payment interest charged to buyers for selling real estate, otherwise there will be tax-related risks.
2. In order to pay less value-added tax, real estate development enterprises may still have illegal practices, such as not withholding development costs according to regulations, not confirming costs at the right time, not amortizing gradient land costs according to regulations, and even concealing that the original design cost of buildings has been increased to deduct costs that should not be deducted, and falsely listing costs, all of which have huge tax-related risks.
02 land value-added tax (pre-levied)
Article 16 of the Detailed Rules for the Implementation of the Provisional Regulations of the People's Republic of China on Land Value-added Tax clearly stipulates: Taxpayers can pre-levy land value-added tax on the income obtained from the transfer of real estate before the completion and settlement of the project, because it involves cost determination or other reasons, and then make liquidation after the completion and settlement of the project, and refund more and make up less. Specific measures shall be formulated by the local taxation bureaus of all provinces, autonomous regions and municipalities directly under the Central Government according to local conditions. ?
Therefore, the land value-added tax is generally declared by itself first, and the tax authorities will carry out liquidation, and more refunds will be made and less subsidies will be made.
The prepaid tax rate of land value-added tax varies from place to place. Generally speaking, ordinary standard houses are 1.5% of the pre-sale income, other houses except ordinary standard houses are 3.5%, and other real estate projects are 4.5%.
Tax risk warning
1. The calculation of land value-added tax also involves the confirmation of income, cost and expenses, and there will be tax-related risks if it is not handled properly during the confirmation.
2. Grasp the time of prepayment of land value-added tax. According to the provisions of Article 68 of the Tax Administration Law, if a taxpayer or withholding agent fails to pay or underpays the tax payable or payable within the prescribed time limit and is ordered by the tax authorities to pay within the prescribed time limit, the tax authorities may impose a fine of not less than 50% but not more than 5 times of the tax unpaid or underpaid in addition to taking enforcement measures to recover the tax unpaid or underpaid in accordance with the provisions of Article 40 of this Law.
03 enterprise income tax (unfinished products)
Need to remind everyone that although the house is pre-sold, it belongs to the income received in advance, but the income received in advance also has the tax obligation.
From the perspective of enterprise income tax, the income obtained by real estate enterprises by signing the Real Estate Advance Receipt Contract no longer exists? Accounts received in advance? As long as the sales contract and the pre-sale contract are signed and the money is collected, regardless of whether the product is completed or not, all of them are recognized as income. Therefore, they have the obligation to pay enterprise income tax.
The income from the sale of unfinished houses by real estate development enterprises should first calculate the estimated gross profit by quarter (or month) according to the estimated taxable gross profit, and include it in the taxable income in the current period. The taxable gross profit margin of enterprises selling unfinished development products shall be determined by the state taxation bureaus and local taxation bureaus of all provinces, autonomous regions and municipalities directly under the Central Government in accordance with the following provisions:
(1) If the development project is located in the urban areas and suburbs where the people's governments of provinces, autonomous regions, municipalities directly under the Central Government and cities with separate plans are located, it shall not be less than 15%.
(2) If the development project is located in the urban areas and suburbs of prefecture-level cities, it shall not be less than 10%.
(3) if the development project is located in other areas, it shall not be less than 5%
(4) belong to affordable housing, price-limited housing and rebuild housing, shall not be less than 3%.
Tax risk warning
In terms of corporate income tax, real estate development enterprises may have the following tax-related risks in the pre-sale process.
1. Concealing sales revenue. If false or incomplete sales area is provided, commercial housing will be used to pay off debts, such as offsetting construction costs and materials costs.
2. Failure to confirm income in time. The development projects of real estate development enterprises have been completed and started to sell. When the requirements are met, it is necessary to carry forward the income in time. Due to various reasons, there is often a problem that the advance accounts cannot be carried forward in time.
For example, the project has been completely completed within the year, and the completion record form has been obtained. According to the requirements of enterprise income tax, the end of the year? Accounts received in advance? The account balance should be carried forward in full, if it is not carried forward in full, it will violate the provisions of the enterprise income tax law.
3. Confuse the tax related to pre-sale income and the additional pre-tax deduction. When the enterprise declares enterprise income tax monthly or quarterly, the business tax and surcharges paid by the pre-sale income cannot be deducted from the current profit or income; When the annual enterprise income tax is settled, the taxes, surcharges and related expenses that match the expected income should be deducted.
04 Stamp Duty (Commercial House Sales Contract)
According to the Provisional Regulations of the People's Republic of China on Stamp Duty and its detailed rules for implementation, when pre-selling commercial housing, if a commercial housing sales contract or a commercial housing pre-sale contract is signed, stamp duty shall be paid at the rate of five ten thousandths of the amount recorded in the contract or monthly.
Remind the owners of real estate enterprises that the development and operation of real estate enterprises have a long chain and complex business, and real estate transactions are only one of the many chain links of real estate enterprises.
A real estate project, from land acquisition, planning and design, financing, to construction, house pre-sale, marketing, project liquidation, property management and other links, every economic activity will generate taxes, and there are many tax-related risks, and non-compliant operations will easily increase the tax-related burden.