I deed tax policy
Q: Xiao Li plans to buy a new house this year, and deed tax law 202 1 will be implemented in September. Is the deed tax rate going up?
The deed tax law did not adjust the tax rate. It is precisely because the Deed Tax Law was passed in the National People's Congress Standing Committee (NPCSC), which indicates that we have risen to the legal level. The specific adjustment of the tax rate is proposed by the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government, reported to the Standing Committee of the National People's Congress at the same level for decision, and reported to the NPC Standing Committee and the State Council for the record.
Individuals need to pay deed tax when buying a house. According to the Announcement on the Connection of Preferential Policies after the Implementation of the Deed Tax Law (Announcement No.29 of the Ministry of Finance and State Taxation Administration of The People's Republic of China +0), the preferential policies for deed tax that will continue to be implemented after the implementation of the Deed Tax Law of People's Republic of China (PRC) are clarified. The announcement clearly stated that the policies on deed tax in Articles 1 and 3 of the Notice of the Ministry of Finance and the Ministry of Housing and Urban-Rural Development of State Taxation Administration of The People's Republic of China on Adjusting the Preferential Policies on Deed Tax Business Tax in Real Estate Transactions (Caishui [2065438+06] No.23) will continue to be implemented. The first specific content is:
(a) for individuals to buy the only family housing (family members include the purchaser, spouse and minor children, the same below), with an area of 90 square meters or less, the deed tax shall be levied at a reduced rate of 1%; If the area is over 90 square meters, the deed tax shall be levied at the reduced rate of 1.5%.
(2) Deed tax shall be levied at the reduced rate of 1% for individuals who purchase a second set of improved family housing with an area of 90 square meters or less; If the area is more than 90 square meters, the deed tax shall be levied at a reduced rate of 2%. The second set of improved housing for families refers to the second set of housing purchased by families who already own a set of housing.
Q: Xiao Zhang's family of four (husband and wife and two children) owns a house. This is the house that Xiao Zhang bought before marriage. I want to add my wife's name after marriage Is it necessary to pay deed tax in this case?
According to the regulations: during the marriage relationship, the ownership of the house and land was originally owned by one of the husband and wife, and it was changed to be owned by both husband and wife or owned by the other party; Or originally owned by both husband and wife, but changed to one party or both parties agreed to change the share of * * * *, the deed tax shall be exempted. To put it simply, according to the Deed Tax Law of People's Republic of China (PRC), if a husband and wife change the ownership of land and house during the marriage relationship, they will be exempted from deed tax. Therefore, there is no need to pay deed tax for the addition, subtraction and change of the proportion of husband and wife in the property certificate of Xiao Zhang's husband and wife after marriage.
It should be noted here that if the proportion of house ownership between parents and children changes, it belongs to the transfer of house property rights, and deed tax needs to be levied according to the changed proportion.
Q: What are the preferential deed tax policies for residents in Jiangsu Province to buy houses again after demolition?
According to the Decision of the Standing Committee of Jiangsu Provincial People's Congress on Specific Applicable Tax Rates and other related matters, if the circumstances specified in Article 7 of the People's Republic of China (PRC) Deed Tax Law are met, the deed tax shall be exempted or reduced in the following ways:
Because the land and houses are expropriated and requisitioned by the people's governments at or above the county level in this province, the ownership of the land and houses is re-assumed by means of monetary compensation. The part of the transaction price that does not exceed the monetary compensation shall be exempted from deed tax, and the excess part shall be levied according to the regulations; Re-assume the ownership of land and houses by means of property rights exchange. If the difference is not paid, the deed tax shall be exempted. If the difference is paid, the deed tax shall be levied according to regulations.
Second, the value-added tax policy
Q: This year, Wang Laohan plans to sell a set of second-hand houses in Nanjing purchased on October 20 14, with a total price of 2.3 million. What preferential VAT policies can he enjoy?
According to the Notice of the Ministry of Finance of State Taxation Administration of The People's Republic of China on Pushing Forward the Pilot Project of Changing Business Tax to Value-added Tax (Caishui [2016] No.36), if an individual sells a house that has been purchased for less than 2 years, the value-added tax will be paid in full at the tax 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.
The house sold by Wang Laohan belongs to the house purchased for more than 2 years, so this transaction is exempt from VAT.
Three. Personal income tax policy
Q: Mr. Lin is going to sell the only house under his name, which was bought on 20 13. How should he pay taxes?
According to the Notice of the Ministry of Finance, the Ministry of State Taxation Administration of The People's Republic of China and the Ministry of Construction on Relevant Issues Concerning the Collection of Individual Income Tax on Personal Housing Income (Caishuizi [1999] No.278), if an individual transfers his house to his personal use for more than five years, and it is the only living room for his family, his income will be exempted from individual income tax.
Mr. Lin meets the tax exemption conditions and does not need to pay personal income tax.
Q: Xiao Zhao and his wife decided to divorce and the house belongs to Xiao Zhao. Does Xiao Zhao need to pay taxes?
According to the Notice of People's Republic of China (PRC) State Taxation Bureau on Defining the Implementation of Individual Income Tax Policy (Guo Shui Fa [2009]121No.), if the house property right is divided due to divorce, and the individual goes through the formalities of transferring the house property right due to divorce, individual income tax will not be levied.
Therefore, Xiao Zhao does not need to pay personal income tax.
Nanjing taxation