Second, the land value-added tax. The provisional regulations on land value-added tax stipulate that individuals who transfer buildings above ground and earn income shall pay land value-added tax according to regulations. Taxpayers who build ordinary standard houses for sale shall be exempted from land value-added tax if the value-added amount does not exceed 20% of the deducted project amount. Preferential policies: Document Caishui [1999]2 10 stipulates that ordinary houses owned by individual residents are temporarily exempted from land value-added tax when they are transferred.
Third, personal income tax. The individual income tax law stipulates that individual income tax is levied on the income obtained by individuals from selling their own houses according to the item of "income from property transfer", and the tax rate is 20%.
Preferential policies: The Notice of the Ministry of Finance and the Ministry of Construction of State Taxation Administration of The People's Republic of China on Relevant Issues Concerning the Collection of Personal Income Tax on Personal Income from Housing Sale stipulates that in order to encourage individuals to buy houses, taxpayers who sell their own houses and plan to buy houses at market price within the current house sale 1 year can be exempted from all or part of the personal income tax paid for the sale of their existing houses, depending on the value of their re-purchase; Personal income tax will continue to be exempted for the income obtained by individuals who transfer their own houses for more than 5 years and are the only living rooms for families.
Fourth, the deed tax. The provisional regulations on deed tax stipulate that the deed tax shall be levied at 3%-5% of the transaction price for individual transfer of house ownership. Preferential policies: Document Caishui [1999]2 10 stipulates that the deed tax will be temporarily reduced by half when individuals purchase ordinary houses for their own use.
5. Stamp duty. The Provisional Regulations on Stamp Duty stipulates that stamp duty shall be levied on buyers and sellers according to five ten thousandths of the sales amount of commercial housing.
Tax regulation is imperative
The person in charge pointed out that the above-mentioned preferential policies played the expected role in coordination with other macro-control policies when the national economy was in a period of insufficient domestic demand, and the real estate industry (including housing) has stepped out of the shadow of insufficient domestic demand and accelerated its development. Since the beginning of this year, the state has analyzed the situation of the housing industry in the real estate industry. Generally speaking, the housing industry has shown a certain degree of overheating. With the consent of the State Council, the Ministry of Construction and other seven departments issued the Opinions on Doing a Good Job in Stabilizing Housing Prices. The implementation of these measures can increase the effective supply of houses, especially ordinary houses, curb some unreasonable demands that have appeared at present, and at the same time, adjust the supply and demand structure of the housing industry, and tax policy is an important measure to play the role of structural adjustment.
The housing industry has two major characteristics: first, there are both commercial transactions and consumer transactions; Second, there are both ordinary houses and non-ordinary houses. According to the needs of macro-control, the state has made the following adjustments to the preferential policies for business tax.
First, in order to reflect the difference between commercial sales and consumer sales, if an individual purchases a house for less than two years, he will no longer enjoy the preferential policy of collecting business tax according to the difference between the income from selling houses and the purchase price, but will be restored to collecting business tax in full according to the income from selling houses. In order to prevent speculation in ordinary houses and damage the consumer demand of the masses for ordinary houses, the business tax policy for such sales behavior no longer distinguishes between ordinary houses and non-ordinary houses.
Second, for individuals who buy houses for more than two years, in order to reflect the difference between ordinary houses and non-ordinary houses, ordinary houses can continue to enjoy the preferential policy of exemption from business tax, while non-ordinary houses can only continue to enjoy the preferential policy of collecting business tax based on the difference between the income from selling houses and the purchase price. In particular, the current preferential policies for individual residential sales only adjusted the business tax in this adjustment. The preferential policies for deed tax, land value-added tax and personal income tax will continue to be implemented, but there is no preferential policy for stamp duty at present, which will remain unchanged in this adjustment. The person in charge said that real estate is a pillar industry in the national economy, and its healthy development plays an important role in the healthy development of the entire national economy. The purpose of various policy adjustments is to solve the problems of excessive real estate investment and excessive price increase. Relevant departments should pay close attention to the effect of policy implementation and regularly evaluate the effect of policies. He stressed that local tax authorities have an important responsibility in implementing this preferential policy adjustment. At present, State Taxation Administration of The People's Republic of China is working with the Ministry of Construction and other departments to study and formulate specific operational measures, which will be strictly implemented in all localities after being issued. No tax preference shall be given to houses that do not meet the standards for enjoying preferential policies. If tax preference is given illegally, which will affect the effect of national macro-control policies, the relevant personnel shall be investigated for responsibility.