1. For real estate development projects that have been completed and accepted, the transferred real estate construction area accounts for more than 85% of the saleable construction area of the whole project, or the remaining saleable construction area has been rented out or occupied, although the proportion does not exceed 85%;
2 sales (pre-sale) license is less than three years;
3. The taxpayer applies for cancellation of tax registration but fails to go through the land value-added tax liquidation procedures;
4. Other circumstances stipulated by the tax authorities of provinces (autonomous regions, municipalities directly under the Central Government and cities under separate state planning). In the third case listed in the preceding paragraph, the land value-added tax liquidation shall be carried out before the cancellation of registration.
Land value-added tax liquidation refers to the taxpayer's behavior of calculating the land value-added tax payable by real estate development projects according to tax laws, regulations and relevant policies, and liquidating the land value-added tax payable by real estate projects. For projects that meet the liquidation conditions and should be liquidated by land value-added tax, taxpayers should go through liquidation procedures with the competent tax authorities within 90 days from the date of meeting the conditions. For projects that meet the second liquidation conditions, the tax authorities may require taxpayers to carry out land value-added tax liquidation, and the competent tax authorities shall determine whether to carry out liquidation; For projects that need liquidation, the competent tax authorities shall issue a liquidation notice, and taxpayers shall go through liquidation procedures within 90 days from the date of receiving the liquidation notice.
Conditions for land value-added tax liquidation If a taxpayer meets one of the following conditions, it shall carry out land value-added tax liquidation:
1. All real estate development projects are completed and sold;
2, the overall transfer of unfinished real estate development projects;
3. Direct transfer of land use rights.
To sum up, land value-added tax is liquidated on the basis of real estate development projects. For projects developed by stages, the land value-added tax shall be liquidated on the basis of the phased projects. If the development project includes both ordinary houses and non-ordinary houses, the value-added amount shall be calculated separately. The liquidation period is uncertain and may be longer or shorter than one fiscal year. Prepayment shall be made on schedule before liquidation, and liquidation must be carried out according to regulations when the liquidation period expires, and the overpayment shall be made and the underpayment shall be made.
Legal basis:
Article 3 of the Provisional Regulations of People's Republic of China (PRC) on Land Value-added Tax.
Land value-added tax is calculated and levied according to the value-added amount obtained by taxpayers in transferring real estate and the tax rate stipulated in Article 7 of these Regulations.
Article 7
The prescribed tax rate is calculated and levied.
Land value-added tax shall be subject to four progressive tax rates:
If the value-added amount does not exceed 50% of the amount deducted, the tax rate is 30%.
The tax rate is 40% for the part where the value-added amount exceeds 50% of the amount of the deducted item and does not exceed 100% of the amount of the deducted item.
If the value-added exceeds 100% of the deducted project amount and does not exceed 200% of the deducted project amount, the tax rate is 50%.
If the value-added exceeds 200% of the deduction, the tax rate is 60%.