Seller:
Value-added tax :
1. Taxable regulations
1. Housing:
Value-added tax payable = transfer income * 5% (individual sale of housing purchased less than 2 years ago)
2. Non-housing
The amount of value-added tax payable = (transfer income - original purchase price) * 5%
2. Tax exemption regulations
1. According to the "Provisions on the Transition Policy for the Pilot Program of Replacing Business Tax with Value-Added Tax", differential policies are implemented for the transfer of personal housing. Among them, outside Beijing, Shanghai, Guangzhou and Shenzhen, if an individual purchases a house less than 2 years ago and sells it to others, the full value-added tax shall be paid at a tax rate of 5%; if an individual purchases a house for more than 2 years (including 2 Years) housing sold to external parties is exempt from value-added tax.
In the four cities of Beijing, Shanghai, Guangzhou and Shenzhen, if an individual purchases a house that is less than 2 years old and sells it to the outside world, the value-added tax shall be paid in full at a levy rate of 5%; if an individual purchases a non-ordinary house that is more than 2 years old (including 2 years) and sells it to the outside world, The difference between the sales income and the purchase price of the house is paid at a 5% tax rate; individuals who sell ordinary houses purchased for more than 2 years (including 2 years) are exempt from VAT.
2. Individuals selling self-built and self-occupied houses are exempt from VAT.
Urban construction, education surcharge, local education surcharge:
Value-added tax *12% (real estate in urban areas). With VAT exemption.
personal tax:
1. Taxable regulations
Verification and collection:
Personal tax = (transfer income - original value of the house - taxes paid during the transfer of the house - related reasonable expenses) * 20%
Note:
(1) The original value of the house is specifically: the actual price and payment paid when purchasing the house Relevant taxes and fees (including value-added tax paid). (Finance and Taxation [2016] No. 43)
(2) Taxes paid during the transfer of housing refer to: urban maintenance and construction tax , education fees , land value increment actually paid by taxpayers when transferring housing Tax , stamp duty and other taxes (excluding the value-added tax paid for this transfer) (Finance and Taxation [2016] No. 43)
(3) Reasonable expenses refer to: housing decoration costs, housing loan interest, and procedures actually paid by taxpayers in accordance with regulations fees, notary fees, etc.
1. Housing decoration expenses paid. If the taxpayer can provide the tax unified invoice that actually paid for the decoration costs, and the name of the payer listed on the invoice is consistent with the owner of the transferred house, upon review by the tax authorities, the decoration costs actually incurred before the transfer of the transferred house can be Deductions are made within the following prescribed proportions:
(1) Purchased public housing and affordable housing: the maximum deduction limit is 15% of the original value of the house;
(2) Commercial housing and other housing: the maximum deduction limit is 10% of the original value of the house. . If the taxpayer originally purchased a renovated house, that is, if the contract indicates that the house price includes renovation costs (flooring, sanitary ware, kitchenware, etc.), the renovation costs may not be deducted repeatedly.
2. Housing loan interest paid. When a taxpayer sells a house purchased with a mortgage loan, the housing loan interest actually paid by the taxpayer to the lending bank shall be deducted based on the valid certificate issued by the lending bank.
3. The handling fees, notary fees, etc. actually paid by taxpayers in accordance with relevant regulations will be deducted based on valid certificates issued by relevant departments. This provision shall be effective from August 1, 2006.
Approved collection:
Personal tax = transfer income * 1%
"Failure to provide complete and accurate proof of the original value of the house" means that the taxpayer cannot provide a house purchase contract, invoice or valid proof of construction costs and expenses, or There are no records of the last transaction price or construction cost, amount of expenses, etc. in the deed tax collection and administration files. If the taxpayer can provide a house purchase contract, invoice or valid proof of construction costs and expenses, or there are records of the last transaction price or construction costs and expenses in the deed tax collection and management files, the individual tax shall be calculated according to the verification collection method. Income Tax.(Guo Shui Fa [2006] No. 108, Guo Shui Fa [2007] No. 33)
2. Tax exemption regulations
Individual income tax is exempted from personal income tax on income derived from the transfer of a house that has been used by an individual for more than 5 years and is the only living room of the family.
Land value-added tax:
1. Taxable provisions
Non-housing: levied.
There are 3 calculation methods:
(1) Deduction items = house appraisal price (excluding land price) + land price and fees + transfer link stamp tax, urban construction and education surcharges, assessment fees, etc. (deed tax paid during the house purchase process shall not be deducted)
land value appreciation Tax = (Sales - Deduction Items) * Tax Rate - Deduction Items × Quick Calculation Deduction Coefficient
The land price cannot be assessed for deduction, and the land purchase receipt must be presented before it can be deducted.
(2) Deduction items = house purchase invoice amount * (1 + 5% * N) + deed tax paid when purchasing the house + transfer stamp tax, urban construction and education surcharge, etc.
Land value-added tax = (sales - deduction items) * tax rate - deduction Item × quick calculation deduction coefficient
The amount of the house purchase invoice shall be as follows:
(1) If the house purchase voucher provided by
is a business tax invoice obtained before the replacement of business tax with VAT , the amount stated in the invoice (without deduction of business tax) shall be calculated every year from the year of purchase to the year of transfer. Add 5% to the calculation.
(2) If the house purchase voucher provided by
is a general VAT invoice obtained after replacing business tax with VAT, the total amount of price and tax contained in the invoice will be calculated by adding 5% each year from the year of purchase to the year of transfer.
(3) If the house purchase invoice provided by
is a special VAT invoice obtained after replacing business tax with VAT, the sum of the VAT-exclusive amount stated in the invoice plus the input VAT that is not allowed to be deducted shall be calculated from the year of purchase to An additional 5% will be calculated for each year up to the year of transfer. (Announcement No. 70 of 2016)
(3) approved collection. Land value-added tax = sales * approved collection rate
2. Tax exemption regulations
Housing: exempt. is temporarily exempt from land value-added tax on individual sales of housing. (Finance and Taxation [2008] No. 137)
Stamp tax:
1. Taxable provisions
Non-housing: levied. Decals will be applied at 0.5‰ of the stated amount.
2. Tax exemption provisions
Housing: exempt. is temporarily exempt from stamp tax on personal sales or housing purchases. (Finance and Taxation [2008] No. 137)
Transferee:
Deed tax:
1. Housing
(1) For individuals purchasing the sole residence of a family For a house (the scope of family members includes the home buyer, spouse and minor children, the same below), if the area is 90 square meters or less, the deed tax will be levied at a reduced rate of 1%; if the area is more than 90 square meters, the deed tax will be reduced. Deed tax is levied at a rate of 1.5%.
(2) For individuals who purchase a second improved house for a family with an area of 90 square meters or less, the deed tax is levied at a reduced rate of 1%; if the area is more than 90 square meters, the deed tax is levied at a reduced rate of 2% Deed tax is levied at a tax rate.
The second improved house for a family refers to the second house purchased by a family that already owns one house. (Beijing, Shanghai, Guangzhou, and Shenzhen do not implement this item, and adopt the local deed tax rate of 3%) (Finance and Taxation [2016] No. 23)
2. Non-housing
The deed tax is levied at a rate of 3%
Stamp duty:
1. Taxable provisions
Non-housing: levied. Decals will be applied at 0.5‰ of the stated amount.
2. Tax exemption provisions
Housing: exempt. is temporarily exempt from stamp tax on personal sales or housing purchases. (Finance and Taxation [2008] No. 137)
Non-housing: levied. Decal according to the stated amount 0.5‰.
In addition: Resource tax, urban maintenance and construction tax, real estate tax, urban land use tax, stamp tax, cultivated land occupation tax and education surcharge and local education surcharge will be reduced by 50% of the tax amount. (Su Finance and Taxation (2019) No. 15)
