The taxpayer of land value-added tax is the unit and individual who transfers state-owned land use rights, buildings and their attachments for a fee. Including all types of enterprises, institutions, institutions, social groups, individual industrial and commercial households, as

According to Article 3 of the Ministry of Finance and the State Administration of Taxation on the basis of tax calculation of tax on real estate tax, property tax, land value-added tax, and personal income tax" (Finance and Taxation [2016] No. 43), the income obtained by the land value-added tax taxpayer transfers real estate is excluding value-added tax income.

(V) Deduction amount

. The amount paid to obtain the land use right.

. Real estate development cost

includes land expropriation and demolition compensation, preliminary project fees, construction and installation project fees, infrastructure fees, public facilities supporting fees, and development overhead . These costs are allowed to be deducted based on the actual amount of incurred.

Note: According to the "Announcement of the State Administration of Taxation on Several Regulations on the Collection and Administration of Land Value-Added Tax after the VAT Reform" (Announcement of the State Administration of Taxation No. 70 of 2016) , after the VAT Reform, the VAT invoices obtained by the land value-added tax taxpayer to accept construction and installation services shall be in accordance with the "Announcement of the State Administration of Taxation on the Comprehensive Improving the Pilot of Business Taxation of Value-Added Taxation" (Announcement of the State Administration of Taxation No. 23 of 2016) , the name of the county (city, district) and the project name of the place where the construction service occurred shall be indicated in the notes column of the invoice, otherwise the amount of the land value-added tax deduction project shall not be included in the amount of the land value-added tax deduction project.

refers to sales expenses, management expenses, and financial expenses.

(1) Interest expenses in financial expenses can be calculated and allocated according to the transfer real estate project and provided with proof of financial institutions, deductions are allowed, but the maximum amount calculated based on the same loan interest rate of the same period of the commercial bank. Other real estate development expenses are calculated and deducted within 5% of the sum of the amount paid for obtaining the land use right and the real estate development costs.

(2) If the proof of financial institution cannot be provided, the interest will not be deducted separately. The deduction of the three expenses will be calculated within 10% of the amount paid for obtaining the right to use and the real estate development cost.

calculates the specific ratio of deduction, which is stipulated by the people's governments of each province, autonomous region, and municipality directly under the Central Government.

. Evaluation price of old houses and buildings.

refers to the price of the reset cost price assessed by the real estate appraisal agency approved by the government when transferring used houses and buildings, and is confirmed by the local tax authorities referring to the evaluation of the evaluating agency.

According to Article 2, paragraph 1 of the "Notice of the Ministry of Finance and the State Administration of Taxation on Several Issues Concerning Land Value-Added Tax" (Finance and Taxation [2006] No. 21), if a taxpayer transfers old houses and buildings, but cannot obtain the appraisal price but can provide a home purchase invoice, the amount of deductions stipulated in Article 6, Article 6, Article (I) and (3) of the Regulations can be calculated based on the amount contained in the invoice and additional 5% per year from the purchase year to the transfer year. For the deed tax paid by taxpayers when purchasing a house, any deed tax payment certificate can be provided as "tax related to the transfer of real estate", but it is not used as an additional 5% base.

5. Taxes related to the transfer of real estate

refers to the business tax paid when transferring real estate, urban maintenance and construction tax and stamp duty. The education surcharge paid for transfer of real estate can also be deducted as tax. Note that VAT does not include VAT after the VAT reform.

6. Additional deduction items stipulated by the Ministry of Finance

(1) additional deductions. For taxpayers engaged in real estate development , a 20% deduction can be added based on the sum of the amount paid for obtaining the land use right and the real estate development cost.

(2) Deduct the collection fee. For the various expenses required by the people's government at or above the county level to collect in the era of selling houses, if the collection fee is included in the house price and collected from the purchaser, it can be taxed as the income obtained from the transfer of real estate; if the collection fee is not included in the house price and is collected separately from the house price, it can be not used as the income from the transfer of real estate. If the collection fee is taxed as the transfer income, it may be deducted when calculating the amount of the deduction, but it is not allowed to be used as the base for additional 20% deduction; if the collection fee is not taxed as the income from the transfer of real estate, the collection fee is not allowed to be deducted when calculating the added value.

(VI) Main tax reduction and exemption policies

. The value-added rate of sales of ordinary housing does not exceed 20% is exempt from land value-added tax

According to the provisions of the " Interim Regulations on Land Value-added Tax" and the "Implementation Rules for the Interim Regulations on Land Value-added Tax", if the taxpayer builds ordinary standard residential housing for sale, and the value-added rate does not exceed 20%, the land value-added tax will be exempt from land value-added tax. Ordinary standard residence refers to residential residences built according to the standards of general civil residences in the place.

Advanced apartments, villas, resorts, etc. are not ordinary standard residences. According to the provisions of the "Notice of the General Office of the State Council forwarding the Opinions of the Ministry of Construction and other departments on Doing a Good Job in Stabilizing Housing Prices" (Guobanfa [2005] No. 26), ordinary standard residential buildings should also meet: the building floor area ratio of residential communities is above 1.0; the single building area is below 120 square meters; the actual transaction price is below 1.2 times the average transaction price of housing on land of the same level.

The specific standards for ordinary housing in each province, autonomous region, and municipality can be appropriately increased, but not exceed 20% of the above standards. The first two conditions are easier to confirm. The problem now lies in the determination of the third condition: that is, the actual transaction price is less than 1.2 (1.44) times the average transaction price of housing on land of the same level. However, most county-level tax authorities at present do not have this announcement or notice of "average housing transaction price on land of the same level" for reference.

For taxpayers who build both ordinary standard residential buildings and engage in other real estate developments, the added value should be calculated separately. If the value-added amount is not calculated separately or the value-added amount cannot be accurately calculated, this tax exemption provision cannot be applied to the ordinary standard residential buildings they are built.

. For individuals selling housing, land value-added tax is exempted from

According to Article 12 of the "Implementation Rules of the Interim Regulations of the People's Republic of China", an individual transfers his original self-use housing due to work transfer or improvement of living conditions, and after reporting and approval to the tax authorities, those who have lived for five years or more will be exempted from land value-added tax; if they have lived for three years or less than five years, the land value-added tax will be levied at half the price. If you live for less than three years, land value-added tax will be levied according to regulations.

According to the provisions of the Ministry of Finance and the State Administration of Taxation on some specific issues of land value-added tax" (Finance and Taxation No. [1995] No. 48), if individuals exchange their own real estate for residential use, they can be exempted from land value-added tax after verification by the local tax authorities.

According to the provisions of the "Notice of the Ministry of Finance and the State Administration of Taxation on Adjusting Tax Policies in Real Estate Transactions" (Finance and Taxation [2008] No. 137), land value-added tax is temporarily exempted from the levy of individual housing sales. That is, housing sold by individuals, whether it is ordinary or non-ordinary housing, whether it is the first house or two or more houses, will be exempt from land value-added tax. Note: For residences owned by individuals, other real estate owned by individuals, such as shops, office buildings, garages, and individually transferred basements, they are not subject to tax exemption.

If the compensation income obtained by the government in accordance with the law is relocated due to the needs of national construction or the needs of urban planning and national construction, the taxpayer shall transfer the original real estate by himself, the land value-added tax shall be exempted.

According to Article 8 of the "Interim Regulations on Land Value-added Tax", real estate that is expropriated and recovered in accordance with the law due to national construction needs is exempt from land value-added tax. Article 11 of the "Implementation Rules for the Interim Regulations on Land Value-added Tax" further stipulates that the so-called real estate that is requisitioned and recovered in accordance with the law due to the needs of national construction refers to the property or land use rights approved by the government for the needs of urban planning and national construction.

"Notice of the Ministry of Finance and the State Administration of Taxation on Several Issues Concerning Land Value-Added Tax" (Finance and Taxation [2006] No. 21) stipulates that "urban implementation planning" refers to the relocation of old cities or due to enterprise pollution and disturbance of the people (referring to the generation of excessive waste gas, waste water, waste slag and noise, causing certain harm to the lives of urban residents), and the government or relevant government departments determine the relocation based on the approved urban planning; "needs of national construction" refers to the relocation of construction projects approved by the State Council, provincial people's government, and relevant ministries and commissions of the State Council.

Units and individuals that meet the above tax exemption regulations must submit a tax exemption application to the tax authority where the real estate is located. After review by the tax authority, they will be exempted from levying land value-added tax.

. If an unit transfers old houses as public rental housing and the value-added rate does not exceed 20%, land value-added tax is exempted

According to the provisions of the "Notice of the Ministry of Finance and the State Administration of Taxation on Tax Preferential Policies for Public Rental Housing" (Financial and Taxation [2015] No. 139), if enterprises, institutions, social groups and other organizations transfer old houses as public rental housing, and the value-added amount does not exceed 20% of the deduction project, land value-added tax is exempted. Public rental housing that enjoys the above tax preferential policies refers to public rental housing development plans and annual plans included in the public rental housing development plans and annual plans approved by the people's governments of provinces, autonomous regions, municipalities directly under the Central Government, municipalities with independent planning status and the Xinjiang Production and Construction Corps, and is managed in accordance with the "Guiding Opinions on Accelerating the Development of Public Rental Housing" (Kangbao [2010] No. 87) and the specific management measures formulated by the municipal and county people's governments. The implementation period of this preferential policy is from January 1, 2016 to December 31, 2018.

5. If the old house is transferred as an affordable housing and the value-added does not exceed 20% of the deduction project amount, the land value-added tax will be exempted

According to the provisions of the "Notice of the Ministry of Finance and the State Administration of Taxation on Tax Policies on Shantytown Renovation" (Financial and Taxation [2013] No. 101), if the old house is transferred as a renovation and resettlement housing property and the value-added does not exceed 20% of the deduction project amount, the land value-added tax will be exempted.

6. Land value-added tax is not currently levied in enterprise mergers and reorganizations

According to the provisions of the "Notice on Continuing Implementation of Land Value-added Tax Policies on the Reform and Reorganization of Enterprises" (Finance and Taxation [2018] No. 57), non-company enterprises are reorganized into limited liability companies or Co., Ltd. , and a limited liability company (collective company) is reorganized into a joint stock company (collective company). For enterprises before the reorganization, land value-added tax is not currently levied in the enterprise that transfers and changes state-owned land use rights, buildings and their attachments (hereinafter referred to as real estate) to the reorganized enterprises. If two or more enterprises merge into one enterprise in accordance with the law or the contractual provisions, and the original enterprise investment entity continues to exist, land value-added tax will not be levied for the enterprises in which the original enterprise transfers or changes the real estate to the merged enterprise. According to the law or the contractual agreement, enterprises are divided into two or more enterprises with the same investment entities as the original enterprise. Land value-added tax will not be levied for the time being for the original enterprise to transfer or change real estate to the separation of enterprises. When restructuring and reorganizing, units and individuals invest in real estate at the price, and land value-added tax will not be levied for the time being for the transfer and change of real estate to the invested enterprises. The above-mentioned land value-added tax policy for restructuring and restructuring is not applicable to the situation where either party to transfer real estate is a real estate development company.The statement stated in this notice that the original enterprise investment entity and the same investment entity means that the investor does not change before and after the restructuring and restructuring of , the investor's investment ratio may change; the investment entity's existence means that the original enterprise investor must exist in the enterprise after the restructuring and restructuring, and the investor's investment ratio may change. The implementation period is from January 1, 2018 to December 31, 2020.

7. For self-use, land value-added tax is temporarily exempted from levying for self-use. According to the provisions of the "Notice of the Ministry of Finance and the State Administration of Taxation on Some Specific Issues of Land Value-added Tax" (Financial and Taxation No. [1995] No. 48), if one party releases the land and the other party provides funds, and both parties cooperate to build the house. After completion, the house is divided into proportion and use it for self-use, the land value-added tax is temporarily exempted; if it is transferred after completion, the land value-added tax should be levyed.

8. Revoked financial institutions exempt from land value-added tax

According to the provisions of the Ministry of Finance and the State Administration of Taxation on Tax Policy Issues of Revoked Financial Institutions" (Financial and Taxation [2003] No. 141), financial institutions that have been revoked by People's Bank of China and its branches in various places, including commercial banks, trust investment companies, , financial companies, financial leasing companies, , urban credit cooperatives and rural credit cooperatives, when the property of the revoked financial institutions is used to repay debts, the revoked financial institutions are exempt from land value-added tax for transferring real estate. Unless otherwise specified, the abolished financial institutions and affiliated enterprises do not enjoy preferential policies for exemption from land value-added tax.

9. Asset management companies are exempt from land value-added tax when disposing of real estate

According to the provisions of the "Notice of the Ministry of Finance and the State Administration of Taxation on the Tax Policy Issues of China Cinda and Four Financial Asset Management Companies" (Financial and Taxation [2001] No. 10), the income obtained by Cinda, Huarong , Great Wall and Oriental Asset Management Company to transfer real estate is exempt from land value-added tax. The entities that enjoy tax preferential policies are China Cinda Asset Management Company , China Huarong Asset Management Company, China Great Wall Asset Management Company and China Oriental Asset Management Company , which were approved by the State Council, and its branches located in various places. Unless otherwise specified, the asset company's affiliated and affiliated enterprises do not enjoy the tax preferential policies of the asset company.

0. According to Article 1, Paragraph 8 of the Ministry of Finance, the State Administration of Taxation, and the General Administration of Customs on the Tax Policy of the 2022 Winter Olympics and Paralympics in Beijing (Finance and Taxation [2017] No. 60), the income from the donated items obtained by the Beijing Winter Olympic Organizing Committee for reselling donated items and assets transferred after the competition will be exempted from the land value-added tax.

According to the provisions of the "Notice on Tax Policy of the 7th World Military Games" (Finance and Taxation [2018] No. 119), the income obtained by the Wuhan Military Games Executive Committee after the game is exempted from the land value-added tax that should be paid.

1. According to Article 4 of the "Announcement of on Tax Preferential Policies for Public Rental Housing " (Announcement by the Ministry of Finance and the State Administration of Taxation No. 61, 2019), if enterprises, institutions, social groups and other organizations transfer old houses as public rental housing sources, and the value-added amount does not exceed 20% of the deduction project amount, land value-added tax will be exempted.

(VII) Collection and Management

. Taxpayers who transfer real estate and obtain income shall go through the tax procedures according to the following procedures:

(1) On the 7 days after the real estate transfer contract is signed, the taxpayer will go to the tax authority where the real estate is located to handle the tax declaration, and submit to the tax authority the property rights of the house and building, land use rights certificate, land transfer, real estate sale contract, real estate appraisal report and other information related to the transfer of real estate.

For taxpayers who are difficult to declare after each transfer due to frequent real estate transfers, they can make regular tax declarations after review and approval by the tax authorities. The specific period shall be determined by the tax authorities based on the situation.

For taxpayers who pre-sale commercial housing, they must also go to the tax authority to file with the tax authority within 7 days of signing the pre-sale contract and provide relevant information.

(2) The tax authorities shall determine the taxable amount and stipulate the tax period based on the taxpayer's declaration. For some assessments, taxpayers are required to conduct assessments first, and then confirm the assessment price based on the assessment results.

According to the 16th and provisions of the Ministry of Finance and the State Administration of Taxation on some specific issues of land value-added tax (Financial and Taxation No. [1995] No. 48), the tax payment period approved by the tax authorities should be after the taxpayer signs the real estate transfer contract and before the real estate ownership transfer (i.e., transfer and registration) procedures are completed.

Note: There is a very obvious difference between land value-added tax and other tax types lies in the fact that the tax authorities need to review and confirm the amount of land value-added tax.

(3) Taxpayers pay land value-added tax according to the tax amount approved by the tax authority and the prescribed period.

. For the income obtained by taxpayers to transfer real estate before the project is completed and settled, the tax authority may pre-exist on land value-added tax. Taxpayers shall prepay land value-added tax in accordance with the period and tax amount stipulated by the tax authority.

The basis for pre-collecting land value-added tax: "Announcement of the State Administration of Taxation on Several Regulations on the Collection and Administration of Land Value-added Tax after the VAT Reform" (Announcement of the State Administration of Taxation No. 70, 2016) Article 1, Paragraph 2 stipulates that in order to facilitate taxpayers and simplify the calculation of land value-added tax pre-collecting tax, if real estate developers sell real estate projects developed by themselves in advance, they can calculate the basis for pre-collecting land value-added tax in accordance with the following methods:

The basis for pre-collecting land value-added tax pre-collecting land value-added tax is as follows:

The basis for pre-collecting land value-added tax pre-collecting land value-added tax

According to the Ministry of Finance Article 3, Paragraph 2 of the State Administration of Taxation on Several Issues Concerning Land Value-Added Tax (Finance and Taxation [2006] No. 21) stipulates that if taxes are not paid in advance within the pre-cash period, a late payment fee shall be charged from the day after the expiration of the specified tax payment period in accordance with the relevant provisions of the Tax Collection and Administration Law and its implementation rules.

According to Article 3 of the State Administration of Taxation on Issuing the Management Regulations for Land Value-Added Tax Clearing and Management Regulations (GuoShifa [2009] No. 91), the land value-added tax liquidation referred to in the "Regulations" refers to the act of taxpayers who meet the conditions for land value-added tax liquidation, in accordance with tax laws, regulations and relevant land value-added tax policies and regulations, calculate the land value-added tax amount that should be paid by real estate development project , fill out the "Land Value-Added Tax Clearing Form", provide relevant information to the competent tax authority, handle land value-added tax liquidation procedures, and settle the land value-added tax tax that should be paid by the real estate project. Article 9 of

stipulates that if a taxpayer meets one of the following conditions, he shall liquidate the land value-added tax.

(I) All real estate development projects are completed and sold;

(II) The overall transfer of the unfinished real estate development projects;

(III) The direct transfer of land use rights.

Article 10 For those who meet one of the following conditions, the competent tax authority may require the taxpayer to conduct land value-added tax liquidation.

(I) The real estate development project that has been completed and accepted, the transferred real estate construction area accounts for more than 85% of the saleable construction area of ​​the entire project, or although the proportion does not exceed 85%, the remaining saleable construction area has been rented or used for its own use;

(II) The sales (pre-sale) license has not been completed after three years of obtaining the sales (pre-sale) license;

(III) The taxpayer applies for cancellation of tax registration but has not completed the land value-added tax liquidation procedures;

(IV) Other situations stipulated by the tax authorities of provinces (autonomous regions, municipalities directly under the central government, and municipalities with independent planning status).

For the circumstances listed in the preceding paragraph (3) shall be liquidated before the cancellation registration.

Article 11 For items that comply with Article 9 of this regulation and land value-added tax liquidation should be carried out, the taxpayer shall go to the competent tax authority to complete the liquidation procedures within 90 days from the date of meeting the conditions.For items that comply with Article 10 of these regulations, the tax authorities may require taxpayers to liquidate land value-added tax, the competent tax authority shall determine whether to perform liquidation; for items that are determined to be liquidated, the competent tax authority shall issue a liquidation notice, and the taxpayer shall complete the liquidation procedures within 90 days from the date of receiving the liquidation notice.

If the taxpayer who should conduct land value-added tax liquidation or the taxpayer determined by the competent tax authority to conduct liquidation refuses to liquidate or does not provide liquidation information within the above-described time limit, the competent tax authority may handle it in accordance with the relevant provisions of the " Tax Collection and Administration Law of the People's Republic of China ".

According to Article 8 of the State Administration of Taxation on Issues Related to the Liquidation and Management of Land Value-Added Tax for Real Estate Development Enterprises (GuoShefa [2006] No. 187), if real estate not transferred during the liquidation is sold or transferred for a fee after the liquidation, the taxpayer shall make a tax declaration of land Value-Added Tax in accordance with the regulations, and the amount of the deduction project is calculated based on the unit construction area cost expenses at the time of liquidation multiplied by the sales or transfer area.

Unit construction area cost expense = total amount of deducted items at the time of liquidation ÷ total construction area of ​​liquidation

According to Article 8 of the "Notice of the State Administration of Taxation on Issues Related to Land Value-Added Tax Liquidation" (State Taxation Letter [2010] No. 220), if the taxpayer prepaid the land value-added tax in accordance with the regulations, the land value-added tax that is paid in liquidation within the time limit stipulated by the competent tax authority, no late payment fee will be charged.

According to Article 12 of the "Interim Regulations on Land Value-added Tax of the People's Republic of China", if the taxpayer fails to pay land value-added tax in accordance with this regulation, the land management department and the real estate management department shall not go through the relevant ownership change procedures.

Exception: According to Article 1 of the "Announcement of the State Administration of Taxation on Issues Related to Deed Tax Tax Response" (Announcement of the State Administration of Taxation No. 67 of 2015), if the land and house ownership transfer occurs according to the effective legal documents of the People's Court and the Arbitration Committee, and the taxpayer cannot obtain the invoice for the sale of real estate, he may apply for the deed tax tax declaration with the original and relevant materials of the People's Court's execution ruling and the tax authority shall accept it. Article 2 stipulates that when a taxpayer who purchases a newly built commercial housing, when applying for a deed tax declaration, the taxpayer shall accept the tax invoice after verifying the relevant situation because the real estate development company selling a newly built commercial housing has cancelled the tax registration or is listed as an abnormal household by the tax authority, the tax authority shall accept the tax authority after verifying the relevant situation.

, case analysis

Type 1: Real estate development company transfers real estate

In 2018, a real estate development company developed an office building for sale, with a total sales revenue of 20 million yuan, paid 4 million yuan in the development office building land price (including deed tax) of 4 million yuan, paid 1 million yuan in demolition compensation during the development process, 800,000 yuan in water and power supply infrastructure fees, 5.2 million yuan in construction projects, 5 million yuan in loans from financial institutions during the development process, with a loan term of 1 year, and an annual interest rate of 5% in financial institutions. The total management expenses and sales expenses incurred during construction and sales totaled RMB 2.6 million. The company paid stamp duty, urban maintenance and construction tax, and education surcharges for sales of office buildings totaling 1.1 million yuan. Calculate the amount of land value-added tax that the company should pay for in this project.

(I) Income of 20 million

(II) Deduct

. The amount paid for obtaining land use rights = 4 million (million yuan)

. Real estate development cost = 1 million yuan + 800,000 yuan + 5.2 million yuan = 7 million (million yuan)

(1) Interest expense = 500*5% = 25 million (million yuan)

(2) Others = (400+700)*5 %=55 (10,000 yuan) (management expenses and sales expenses cannot be deducted according to the actual situation)

. Tax = 1.10 (10,000 yuan)

5. Additional deduction = 1100*20%=220 (10,000 yuan)

Total deduction amount = 400+700+80+110+220=1510 (10,000 yuan)

(three) Value-added amount = 2000-1510=490 (10,000 yuan)

(four) Tax rate

Value-added amount/deducted amount = 490/1510=32%50% Therefore, the applicable tax rate is 30%

(V) Tax amount

should be paid Land value-added tax amount = 490*30% = 147 (10,000 yuan)

Land value-added tax tax return (II)

(applicable for taxpayers engaged in real estate development)

Type 2: Non-real estate enterprise transfers real estate

An industrial enterprise transferred a factory built in the 1990s. The cost was 1 million yuan at that time, and the land use rights were obtained free of charge. If the materials and labor costs of the current market price are calculated, it will cost 6 million yuan to build the same house, and the house is 70% new, and it will be sold at 5 million yuan, with a total of 275,000 yuan paid. Calculate the land value-added tax that an enterprise should pay for transferring old houses.

Analysis: For sale of old houses and buildings, first calculate and determine the deduction amount according to the assessed price and relevant factors, and then calculate the taxable amount of according to the above method. The specific calculation steps are:

　　1. Calculate the evaluation price. The formula is: 　　Evaluation price = Replacement cost price × Into the new degree discount rate 　　　2. Collect the deduction of the project amount. 　　3. Calculate the value-added rate. 　　4. Determine the applicable tax rate based on the value-added rate. 　　5. Calculate the taxable amount based on the applicable tax rate. Tax payable = value-added amount × applicable tax rate - deducted item amount × quick deduction coefficient

(1) Evaluation price = 600×70% = 420 (10,000 yuan)

(2) Allowed tax deductions 275 (10,000 yuan)

(3) Total deduction amount = 420+27.5 = 447.5 (10,000 yuan)

(4) Value-added amount = 500-447.5 = 52.5 (10,000 yuan)

( 5) Value-added rate = 52.5÷447.5×100%=11.73%

(6) Tax payable = 52.5×30%-447.5×0=15.75 (10,000 yuan)

Type 3: Invoice deduction method for personal transfer shops

Wang transferred a store in September 2017, with a transfer price of 10 million yuan. The house was purchased by Wang on November 1, 2011. The invoice showed that the purchase price was 4 million yuan. The corresponding deed tax payment voucher showed that Wang paid deed tax of 120,000 yuan. How much is the land value-added tax that Wang should pay? (This case is adapted from "One Book of Property Conduct Taxation")

Analysis: (I) Taxable income

. Value-added tax payable = (1000-400) ÷ (1+5%) × 5% = 2857 (10,000 yuan)

. Taxable income

According to Article 3 of the Ministry of Finance and the State Administration of Taxation on the basis of tax calculation of taxation after the VAT reform, Property Tax, Land Value-added Tax, and Personal Income Tax" (Finance and Taxation [2016] No. 43), the income obtained by land value-added taxpayers to transfer real estate is excluding value-added tax income. If the deduction amount of value-added tax in the land value-added tax deduction items stipulated in the "Interim Regulations of the People's Republic of China" and other aspects are allowed to calculate the deduction amount in the output tax amount , it will not be included in the deduction item, and if the deduction amount is not allowed to be calculated in the output tax amount, it can be included in the deduction item.

Tax revenue = 1000-28.57=971.43 (10,000 yuan).

(II) The original value of the real estate can be deducted

According to Article 2, paragraph 1 of the "Notice of the Ministry of Finance and the State Administration of Taxation on Several Issues Concerning Land Value-Added Tax" (Financial and Taxation [2006] No. 21), if a taxpayer transfers old houses and buildings, but cannot obtain the appraised price but can provide a home purchase invoice, the amount of deduction items stipulated in Article 6, Article 6, Article (I) and (II) of the Regulations can be calculated based on the amount contained in the invoice and additional 5% per year from the purchase year to the transfer year. For deed tax paid by taxpayers when purchasing a house, any deed tax payment certificate can be provided as "tax related to the transfer of real estate", but it is not used as an additional 5% base.

can deduct the original value of the property = 400+400×6×5%=520 (10,000 yuan)

(III) Taxes related to the transfer of real estate

. The total urban construction tax 7%, education surcharge (3%), and local education surcharge (2%) = 28.5714×12%=343 (10,000 yuan);

. The deed tax paid at the time of purchase is 120,000 yuan. What is allowed to deduct is the deed tax paid by the original real estate owner Wang when he purchased it at that time, rather than the deed tax paid by the transferee during this transfer;

(IV) The amount of deductible item = the original value of the real estate deductible + the tax related to the transfer of real estate = 520+15.43=535.43 (10,000 yuan).

(V) Value-added amount = taxable income - deducted amount of items = 971.43-535.43 = 436 (10,000 yuan);

(VI) Value-added rate = value-added amount ÷ deducted amount = 436÷535.43 = 81.43%

(VII) Land value-added tax payable = 436×40%-535.43×5%=147.63 (10,000 yuan).

Type 4: Sales after land value-added tax liquidation or transfer for a fee

A Real Estate Development Company Development A project is 45,000 square meters, and the sales area as of the end of November 2017 was 40,500 square meters, and 405 million yuan of VAT income was obtained; the total amount of deducted projects when calculating land value-added tax was 290.1375 million yuan; the remaining 4,500 square meters of houses have not been sold. In November 2017, the competent tax authority required the real estate development company to conduct land value-added tax liquidation on Project A. At the end of February 2018, the company packaged the remaining 4,500 square meters of houses and collected RMB 43.2 million in revenue excluding value-added tax. Calculate that the sales business of Company A should be subject to land value-added tax after liquidation.

Analysis: Taxpayers should make tax declarations for land value-added tax in accordance with regulations, and the amount of deducted projects is calculated based on the unit building area cost and expenses at the time of liquidation multiplied by the sales or transfer area.

Unit building area cost and expense = total amount of the deduction of the project at the time of liquidation ÷ total building area liquidation

. Unit building area cost and expense of 4500㎡ houses sold in packages = 29013.75÷40500 = 0.72 (10,000 yuan)

. 45 sold in packages Land value-added tax for 00㎡ houses:

(1) Deduction item = 0.72×4500=3240(10,000 yuan)

(2) Value-added amount = 4320-3240=1080(10,000 yuan)

(3) Value-added rate = 1080÷3240×100%=33.33%

(4) Land value-added tax should be paid = 1080×30% = 324 (10,000 yuan)