In order to support residents in improving their housing conditions, in accordance with the "Announcement of the Ministry of Finance and the State Administration of Taxation on Personal Income Tax Policies Concerning Support for Residents' Exchange for House Purchases" (2022 No. 30), the policy interpretation of relevant collection and management matters is hereby attached. in the text.

Original text of the policy: Announcement on tax collection and management matters related to the personal income tax policy to support residents’ housing exchange purchase

The latest document on the interpretation of the tax refund policy for housing exchange in 2022

1. What are the taxpayers? When can I enjoy the tax refund policy? During the period from October 1, 2022 to December 31, 2023, taxpayers who sell their own homes and repurchase their homes in the market within 1 year after the sale of their current homes will be exempted from the tax refund policy. Personal income tax paid will be refunded.

Example 1: The taxpayer Xiao Zhou sold a house in December 2022 and purchased a new house in the same city in July 2023. Since Xiao Zhou sold and purchased the new house in 2022, The period is from October 1, 2023 to December 31, 2023, so it meets the time conditions stipulated in the policy.

2. How is the tax refund amount calculated for taxpayers? During the period from October 1, 2022 to December 31, 2023, for taxpayers who meet the tax refund conditions, when the amount of their new housing purchase is greater than or When the amount of the newly purchased house is less than the transfer amount of the current house, the personal income tax paid for the current house will be refunded according to the proportion of the newly purchased house amount to the transfer amount of the current house. The calculation formula is: 1. If the amount of the newly purchased house is greater than or equal to the transfer amount of the current house, the tax refund amount = the personal income tax paid when the current house is transferred; 2. If the amount of the newly purchased house is less than the transfer amount of the current house, the tax refund amount = (new purchase Housing amount ÷ current housing transfer amount) × personal income tax paid when the current housing is transferred. Among them, the original housing transfer amount and the new housing purchase amount do not include value-added tax.

Example 2: In December 2022, Xiao Yang sold a house with a transfer amount of 2.4 million yuan and paid a personal income tax of 40,000 yuan. In May 2023, he bought a new house in the same city, and the new house purchase amount was 3 million yuan. Assuming that Xiao Yang also meets other conditions for enjoying the personal income tax policy for exchanging housing, since the amount of the newly purchased house is greater than the amount of the transfer of the current house, the tax refund amount that Xiao Yang can apply for is the personal income tax paid when the current house is transferred, 40,000 yuan. If the amount of Xiao Yang's new house purchase is 1.5 million yuan, the tax refund amount that can be applied for is 10,000 yuan (150÷2.40×40,000 yuan). (Assume that the above are all prices excluding VAT)

3. How should taxpayers calculate their tax refund amount when selling a house owned by multiple people? If the house held or newly purchased is jointly held by multiple persons, the transfer amount of the taxpayer's current house or the amount of the newly purchased house shall be determined based on the taxpayer's share of property rights.

Example 3: Xiao Li and Xiao Ma*** both hold a house, each accounting for 50% of the property rights of the house. In January 2023, the two transferred the house for 2 million yuan, and each paid personal income tax of 20,000 yuan. In May of the same year, Xiao Li repurchased a house in the same city for 1.5 million yuan. When Xiao Li applied for a tax refund, the transfer amount of his current house was 1 million yuan (200×50%=100), and the amount of the new house purchased was 1.5 million yuan, the tax refund amount = personal income tax paid when the current house is transferred = 20,000 yuan. In July of the same year, Xiao Ma and others purchased a house together in the same city for 2 million yuan. Xiao Ma accounted for 40% of the property rights of the house. When Xiaoma applied for a tax refund, the transfer amount of his current house was 1 million yuan (200×50%=100), the amount of the new house purchased was 800,000 yuan (200×40%=80), and the tax refund amount = (the amount of the new house purchased ÷ The amount of the current housing transfer) × the personal income tax paid when the current housing is transferred = 80/100 × 2 = 10,000 yuan. (Assume that the above are all prices excluding VAT)

4. How to determine the time for selling a house and repurchasing a house? The time for selling the current house is based on the time when the taxpayer pays personal income tax when selling the house. If the newly purchased house is a second-hand house, the time of purchase shall be based on the time when the deed tax is paid when the taxpayer purchases the house or the registration time stated in the real estate certificate. The tax authorities will pre-fill the above tax-related information for taxpayers, and taxpayers can check it with the time marked on the tax payment certificate obtained when paying taxes. If the newly purchased house is a new house, the time of purchasing the house shall be based on the time when the housing transaction contract is filed with the housing and urban-rural development department. Taxpayers can fill in the housing transaction truthfully based on the housing transaction contract.

5. Where should taxpayers who meet the policy conditions apply for tax refund? Taxpayers who enjoy the personal income tax refund policy for residents’ housing exchanges should apply to the tax authority in charge of collecting personal income tax on income from the transfer of existing housing. , that is to say, the taxpayer will apply for a tax refund from which tax authority he paid his personal income tax when selling his house. The tax department implements a one-window system for handling real estate registration taxes and fees. Under normal circumstances, taxpayers should pay personal income tax on income from the transfer of current housing in the local government service hall or real estate transaction hall. Therefore, they should still go to the government service hall or real estate transaction hall. When filing a tax refund application in the lobby, if the local tax authority stipulates otherwise, it shall be handled in accordance with the regulations.

6. What materials should taxpayers provide when applying for a personal income tax refund for residents to exchange for housing? To apply for a personal income tax refund for residents to exchange for housing, taxpayers must submit the "Personal Income Tax Refund Application Form for Residents to Exchange for Housing" to the competent tax authority. In addition, the following information is also required: (1) Taxpayer’s identity document; (2) House sales contract for the current house; (3) If the newly purchased house is a second-hand house, the house sales contract, real estate certificate and their copies; ( 4) If the newly purchased house is a new house, the housing transaction contract and its copy must be submitted to the housing and construction department for filing (signed online).

7. In order to facilitate taxpayers to enjoy tax policies, what services does the tax department provide? In order to facilitate taxpayers to enjoy tax policies, the tax department has launched a series of service measures. The first is to simplify data submission and provide pre-filling services. Relying on the tax payment information of taxpayers selling existing homes and newly purchased homes, we provide taxpayers with pre-filling services for application form items. The information taxpayers need to bring when applying for tax refunds is mainly used by taxpayers to check the application form information. The tax department only retains A copy of the real estate title certificate for a newly purchased second-hand house or a copy of the housing transaction contract for a newly purchased house. The second is to automatically calculate the tax refundable based on the relevant information pre-filled in the system, filled in and confirmed by the taxpayer. The third is to carry out publicity, interpretation, training and guidance through various channels and methods to remind and help qualified taxpayers to apply for tax refunds in a timely manner and enjoy tax policies.

8. If a taxpayer enjoys the personal income tax policy for resident exchange-purchase housing and then terminates the housing transaction contract, how should the tax refund already obtained be handled? The taxpayer’s housing transaction contract for newly purchased housing is terminated, revoked or invalidated, etc. If the conditions for enjoying the tax refund policy are no longer met for any reason, the tax refund shall be voluntarily paid to the competent tax authorities within the 15th day of the month following the termination, revocation or invalidation of the contract; if the taxpayer fails to pay the tax refund within the time limit, the tax authorities will take action according to law. Late payment charges apply. The tax department will strengthen the management of tax refund review and tax repayment after contract cancellation through relevant information sharing with the housing and urban-rural development department.

9. What else should taxpayers pay attention to when applying for a tax refund? The personal income tax policy to support residents’ exchange of houses is designed to encourage residents to exchange for houses and improve their living conditions. Taxpayers should apply truthfully in accordance with laws and regulations and fill in the form carefully. And check the application form, and be responsible for the authenticity, reliability and completeness of the filled-in content and attached information. For those who provide false information and materials to defraud tax refunds, the tax authorities will deal with them in accordance with the "Tax Collection and Administration Law of the People's Republic of China" and its implementation rules and other relevant regulations.