According to the document Notice of People's Republic of China (PRC) and State Taxation Administration of The People's Republic of China on Further Supporting the Deed Tax Policy for the Restructuring and Reorganization of Enterprises and Institutions (Cai Shui [2015] No.37) issued by the Ministry of Finance, enterprises are restructured as a whole in accordance with the relevant provisions of the People's Republic of China (PRC) Company Law, including the transformation of unincorporated enterprises into limited liability companies or joint stock limited companies, and the transformation of limited liability companies into joint stock limited companies. The original legal person investor survives and holds more than 75% equity (shares) of the company after the restructuring (change). If the company inherits the rights and obligations of the original enterprise after the restructuring (change), the company shall be exempted from deed tax after the restructuring (change).
What are the preferential policies for the deed tax of enterprise restructuring?
(1) When the whole enterprise is restructured or changed, if the restructured company inherits the ownership of the original enterprise's land and house, the deed tax shall be exempted. That is, the reconstructed company shall be exempted from deed tax when handling the change of land use right and house ownership.
(2) If a wholly state-owned enterprise or a wholly state-owned limited liability company without legal personality forms a new company with part of its assets, and the wholly state-owned enterprise (company) holds more than 50% of the shares in the newly established company, the newly established company shall be exempted from the deed tax on the land and housing ownership of the wholly state-owned enterprise (company).
(3) When the enterprise is restructured and reorganized, in the equity transfer, the units and individuals bear the equity of the enterprise, and the ownership of the land and houses of the enterprise is not transferred, and the deed tax is exempted.
Restructuring also refers to the change of enterprise ownership: the restructuring plan of state-owned enterprises should be approved by the workers' congress or the workers' congress; The restructuring of major wholly state-owned enterprises must be audited by the state-owned assets management institution and reported to the government at the same level for approval. Important wholly state-owned enterprises are determined according to the regulations of the State Council. The restructuring of private enterprises should be approved by the board of directors or the shareholders' meeting.
The above describes what circumstances can be exempted from deed tax when the enterprise is restructured, and can be exempted according to relevant regulations when the overall restructuring of the enterprise meets the requirements. Just be sure to meet the above requirements when operating. If you really don't know in actual operation, you can refer to the information compiled above. Do you know after reading this article? The above is all the contents of this website!