In order to transform strategically and supplement capital flow, enterprises often achieve the purpose of disposing of assets. Especially in the environment where liquidity is tightening and policy regulation is constantly increasing, the real estate trading market may usher in a period of market conditions. If the production rights are transferred during the disposal process, a land value-added tax must be paid.
The so-called old house refers to houses sold again after use and buildings with house characteristics. Including products developed by real estate companies that have used their own products for a certain period of time (usually one year) and have reached a certain degree of wear.
How to calculate land value-added tax for enterprises selling old houses? Depending on whether to obtain the appraisal price of an old house, whether to obtain the home purchase invoice can be divided into the following situations:
1. Real estate that cannot obtain the home purchase invoice, but can obtain the appraisal price of an old house.
Finance and Taxation No. [1995] No. 48 stipulates that when transferring an old house, land value-added tax should be levied as the deduction amount of the project based on the appraised price of the house and the building, the land price paid for obtaining the land use rights, the relevant fees paid in accordance with the unified national regulations, and the tax paid in the transfer process.
Therefore, when calculating the value-added tax of old houses, the following deduction factors should be considered:
1. Evaluation price
2. Land price
3. Relevant fees paid in accordance with unified regulations
4. Taxes during the transfer process
0 The tax paid in the transfer process includes: business tax, urban maintenance and construction tax , education surcharge , stamp tax, deed tax.
5. Evaluation fee that meets the requirements can also be deducted.
Finance and Taxation No. [1995] No. 48 stipulates that when a taxpayer transfers old houses and buildings, he evaluates real estate due to the need to calculate tax payment, and the appraisal fee he pays is allowed to be deducted when calculating the added value.
calculates the value-added rate according to the above deduction factors, and selects the applicable land value-added tax rate and deduction rate to calculate the land value-added tax.
2. Real estate that cannot obtain the appraisal price of the old house, but can provide a home purchase invoice.
1, Deduction of Land Cost and Construction Cost
2016 Announcement No. 70 of National Taxation 2016 stipulates: After , after is replacing , taxpayers transfer old houses and buildings. If they cannot obtain the appraisal price but can provide a home purchase invoice, the amount of deductions stipulated in Article 6, items 1 and 3 (land cost and construction cost and expenses) of the "Interim Regulations on Land Value-Added Tax of the People's Republic of China" is calculated according to the following methods: If the purchase certificate provided by
is a business tax invoice obtained before the business tax reform, it shall be calculated according to the amount contained in the invoice (no business tax deduction) and an additional 5% per year from the purchase year to the transfer year. If the purchase certificate provided by
is an ordinary invoice of VAT obtained after the VAT reform, it shall be calculated based on the total amount of the price tax contained in the invoice from the purchase year to the transfer year. If the home purchase invoice provided by
is a special VAT invoice obtained after the VAT reform, it shall be calculated based on the sum of the amount of VAT not included in the invoice plus the amount of VAT not allowed to be deducted by , and an additional 5% per year from the purchase year to the transfer year.
When calculating deduction items, "yearly" is from the date stated in the home purchase invoice to the date of issuance of the house sale invoice, and one year is counted for every 12 months; if it exceeds one year, less than 12 months but more than 6 months, it can be regarded as one year.
2. Tax deductions related to the transfer of real estate
Regulations stipulate that taxes related to the transfer of real estate refer to business tax, urban maintenance and construction tax, and stamp tax paid when transferring real estate. Education surcharges paid for transfer of real estate can also be deducted as taxes, and the VAT does not include value-added tax after the change of VAT. The stamp duty allowed to be deducted in the provisions of
Finance and Taxation No. 48 refers to the stamp duty paid when transferring real estate.
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", it will be deducted as "tax related to the transfer of real estate", but it will not be used as an additional 5% base.
calculates the value-added rate according to the above deduction factors, and selects the applicable land value-added tax rate and deduction rate to calculate the land value-added tax.
3. Real estate that cannot be obtained by the appraisal price of old houses or the purchase invoice
Local tax authorities may implement approved collection in accordance with Article 35 of the "Tax Collection and Administration Law of the People's Republic of China".
Land value-added tax approval rate varies from place to place, with a majority of 5%.
Therefore, the calculation of land value-added tax for selling old houses is different from that of developing products. The specific calculation should be grasped according to the above knowledge points. After the transaction is completed, the land value-added tax must be declared and paid in a timely manner.
Author: Qu Jiankang
