During the development and operation process, real estate companies often experience the behavior of "demolition one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return one and return The so-called "demolition one for one" refers to a form of physical compensation for the demolitioner to compensate the house of by relocating or in-place building to the owner of the demolished house, so that the original owner can continue to maintain his ownership of the house. This article mainly introduces the accounting and tax treatment of demolition and house return behavior in detail, and provides case analysis.
1. Accounting processing for real estate companies for demolition and return of houses
Generally speaking, if the relocated household chooses monetary compensation method , This expenditure is included in the land cost of development cost . The essence of real estate companies' demolition and return houses is that if the demolished households purchase houses from real estate companies with the monetary compensation funds paid by the real estate companies, they must confirm the "demolition compensation expense" in the land cost of , that is, the amount calculated based on the fair value of or the market price of the same type of house during the same period is included in the land cost of development costs in the form of "demolition compensation expense". In addition, should be regarded as selling for houses compensated to the demolition households. should be regarded as sales revenue should be determined according to its fair value or refer to the market price of the same houses in the same period , and at the same time, it should be recognized as sales costs according to the cost of the same houses in the same period.
demolition compensation expenditure, resettlement and relocation expenditure, and relocation housing construction expenditure paid by in the non-monetary form of . applies to the provisions of "Enterprise Accounting Standard No. 7-Non-Money Asset Exchange". non-monetary asset exchange for relocation housing is expected to bring more cash flow in the future. Generally, it has commercial substance , and its fair value can be reliably measured.
(I) When the development product of is completed, the same price as the sales of is based on the same period of at the time of resettlement, it is deemed to be the accounting treatment of :
Debit: Development cost————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————— With the "Sales Real Estate" invoice , the owner issues a receipt for demolition compensation to the real estate enterprise, and the accounting treatment of carrying forward costs:
Debit: Main business cost — Land expropriation fee and demolition compensation fee
Loan: Development products--Commercial housing
2. Tax processing for demolition and return of real estate enterprises
"Demolition and return of houses" behavior mainly involves the processing of value-added tax, land value-added tax and corporate income tax .
(I) Processing of value-added tax:
According to the "Notice on Comprehensively Launching the Pilot Project for Business Tax to Reform Value-added Tax" (Financial and Taxation [2016] No. 36) of the Ministry of Finance and the State Administration of Taxation and the relevant provisions of the relevant provisions of the Attachment of Business Tax in Personal Sales and Demolition Compensation Housing" ( State Taxation Letter [2007] No. 768 ), real estate development company implements house property rights exchange for relocated households, and its is essentially an exchange of economic interests in the form of using real estate ownership as the form of economic interests. The real estate development company transferred the ownership of the real estate it owns to the relocated households and obtained corresponding economic benefits. Value-added tax should be paid according to the "Sales Real Estate" tax item.
1, tax obligations occur when
When real estate development companies handle demolition compensation real estate, the time when the VAT tax obligations occur, shall be grasped in accordance with the "Notice on Strengthening Real Estate Tax Management" (GuoShiFa [2005] No. 89) document and the "Interim Regulations and Implementation Rules" of Value-Added Taxation, It is generally believed that the time when the value-added tax obligation for demolition compensation is occurred in should be the compensation for the completion of the real estate and the handover procedures with the relocated households .
2, tax calculation basis
According to the "Interim Regulations on Value-added Tax and Implementation Rules", the State Administration of Taxation's "Reply on Issues of Business Tax Collection for Foreign-invested Enterprises in the Construction of Urban Residential Community" (State Tax Hanfa [1995] No. 549), and the State Administration of Taxation's "On the Boundary of Houses with Houses" (State Taxation Hanfa [1995] No. 549), and the State Administration of Taxation's "On the Boundary of Houses with Houses" The approval of the issue of business tax collection for debts (GuoShi Han [1998] No. 771) and GuoShi Han [2007] No. 768, the house that taxpayers compensate or resettled to the demolition households during the real estate development process, regardless of the settlement of the price, and the purpose of the demolitioner obtaining the house, should fall within the scope of the tax collection of value-added tax and should be paid in accordance with the "Sales of Real Estate" tax item. is based on the particularity of the behavior of demolishing houses. In terms of the basis for the calculation of value-added tax, the following two situations should be distinguished.
(1) According to the relevant provisions of the State Administration of Taxation on the Issuance of Business Tax for Foreign-invested Enterprises in Urban Residential Community Construction (Guoshi Hanfa [1995] No. 549) and the Interim Regulations and Implementation Rules, shall calculate the VAT tax for the part of the repayment area of and the demolition building area of by the local tax authority to calculate the VAT according to the cost price of similar residential houses. For the supporting public facilities in residential areas that have not been settled at the time of final transfer (such as neighborhood committee houses, carports, nurseries, etc.), if the transfer income is included in the transfer price of residential houses and has been levied and VAT is levied, VAT will no longer be levied.
(2) For the part of "exceeding the demolition building area" , the taxable sales should be determined in the order stipulated in Article 20 of the "Interim Implementation Rules for the Interim Regulations of Value-added Taxation:
1 It can be determined according to the average price of similar taxable behaviors that have occurred in the recent period of the taxpayer;
2 It can be determined according to the average price of similar taxable behaviors that have occurred in the recent period of the taxable behaviors that have occurred in the recent period of the taxable behaviors that have occurred in the recent period of the taxable behaviors that have occurred in the latest period of the taxable behaviors that have occurred in the latest period of the
3 It can be determined according to the following formula:
Sales = operating cost or project cost × (1 + cost profit margin) ÷ (1 - business tax rate).
(II) Processing of land value-added tax
The State Administration of Taxation "Notice on Issues Related to Land Value-added Tax Liquidation and Management" (GuoShi Han [2010] No. 220) stipulates that if a real estate enterprise uses real estate resettlement to this project, the resettlement of the housing shall be deemed to be sold. Recognize income in accordance with Article 3, Paragraph (I) of the State Administration of Taxation "Notice on Issues Related to Land Value-added Tax Liquidation and Management of Real Estate Development Enterprises" (GuoShi Fa [2006] No. 187). That is, real estate development companies use the development products to repay debts and exchange them for non-monetary assets of other units and individuals. When ownership transfer occurs, they should be deemed to be sold in real estate. Their sales revenue can be determined based on the average price of similar real estate sold in the same region and in the same year, or it can be determined based on the market price or appraised value of local real estate in the year and in the same year. At the same time, this is confirmed as the demolition compensation for of real estate development project. The price compensation paid by the real estate development company to the relocated households shall be included in the demolition compensation fee; The price compensation paid by the relocated households to the real estate development company shall be offset by the demolition compensation fee of this project.
(III) Processing of corporate income tax
Article 66, paragraph 3 of , stipulates that intangible assets obtained by through donation, investment, non-monetary asset exchange, debt restructuring, etc., are based on the tax calculation basis of the fair value of the asset and the relevant taxes and fees paid by .
" Corporate Income Tax Handling Measures for Real Estate Development and Operation Business " (GuoShefa [2009] No. 31) Article 7 stipulates that enterprises use the development products to donate, sponsor, employee benefits, rewards, foreign investment, allocate to shareholders or investors, repay debts, and exchange for non-monetary assets of other enterprises, institutions and individuals, etc., shall be deemed to be sold. transfers the ownership or use rights of the development product, or to recognize the realization of income (or profit) when the rights of interest are actually obtained. The method and order for confirming income (or profit) is:
1, determined based on the market sales price of similar developed products in the recent or most recent months of the year.
2. It is determined by the competent tax authority based on the fair value of local similar developed products.
3. Determine according to the cost profit margin of the product development.
The cost profit margin of the product developed shall not be less than 15%, and the specific proportion stipulated by the Shanxi Provincial Taxation Bureau will be 10% after January 2020.
Regarding the determination of tax calculation costs, the real estate company's behavior of using self-built commercial housing to compensate for the demolition compensation payable. According to Article 4 of the "Handle Measures for the Handling of Income Tax for Enterprise Debt Restructuring Business " (State Administration of Taxation Order No. 6), the real estate development company shall repay the debt with non-cash assets and shall decompose it into transferring non-cash assets at fair value, and then repaying the debt with an amount equivalent to the fair value of the non-cash assets. The two economic businesses shall conduct income tax treatment. In other words, the real estate company's "demolition and return" behavior should be regarded as sales recognition income at fair value, and at the same time, it is recognized as the demolition compensation fee for the taxable cost of real estate development.
3. Case analysis of demolition and house return
[Case 1] A real estate development company in Luliang City, Shanxi Province adopted the demolition and resettlement method to develop and build a residential building in a community in 2020. In terms of resettlement method, the company adopted the "demolition one to one, placement on site, price difference accounting, and transition on its own" property rights exchange method to compensate for the demolition of the houses of the demolition. In June 2021, the company used 1,000 square meters of self-built commercial housing to repay the demolitionee (of which 800 square meters of equal area were restored). The construction cost of similar residential houses was 2,200 yuan/square meter, and the sales price was 3,500 yuan/square meter. Assuming that the project is new project , please conduct relevant tax processing analysis.
[Tax processing analysis]
(I) VAT processing
The real estate development company shall pay "selling real estate" VAT according to the cost price of similar residential houses (i.e., the construction and installation cost of commercial housing in this case):
VAT sales tax = (800×2200)÷ (1+9%) × 9%
and exceed for the cost price of Some will pay the sales value-added tax on real estate at the market price of similar commercial housing in . : VAT sales tax = (800×3500) ÷ (1+9%) × 9%
(II) Processing of land value-added tax
If a real estate enterprise uses real estate resettlement to resettle households in this project, the resettlement of should be treated as sales. The above "demolition one for one" behavior . While confirms the income at the market price, should also recognize this income as the demolition compensation fee for real estate development projects . The difference payment paid by the real estate development company to the relocated households shall be included in the demolition compensation fee ; the difference payment paid by the relocated households to the real estate development company shall be offset by the demolition compensation fee of the project .
In this case, since does not have the problem of making up the price difference , the taxable income of the VAT of some land in the area of "demolition one for one" is 2800,000 yuan (800×3500). At the same time, the land expropriation and demolition compensation included in real estate development cost is also 2800,000 yuan, and "revenue and cost matching ratio" . If Shanxi Province stipulates that the pre-export rate of land value-added tax for non-ordinary residential buildings is 2%, the land value-added tax of 56,000 yuan (2800,000 yuan × 2%) should be paid in advance according to regulations.
(III) Processing of corporate income tax
According to Article 25 of the "Regulations on the Implementation of the Enterprise Income Tax Law" and the Notice of the State Administration of Taxation on Issuing the "Regulations on the Handling of Corporate Income Tax for Real Estate Development and Operation Business" (GuoShifa [2009] No. 31) Article 7 and the previous "State Administration of Taxation on Real Estate Development and Development" The approval of enterprises to calculate the payment of corporate income tax based on the land price of the house," (Guoshihan [2002] No. 172) stipulates that enterprises use development products to repay debts and exchange non-monetary assets of other enterprises, institutions and individuals, etc., should be regarded as selling . transfers ownership or use rights of development products in , or to confirm the realization of income (or profit) when actually obtaining the right to benefit.
At the same time, according to Article 4 of the "Measures for the Handling of Income Tax for Enterprise Debt Restructuring Business" (State Administration of Taxation Order No. 6), the real estate development company shall repay its debts with non-cash assets and shall decompose them into transferring non-cash assets at fair value, and then repaying the debts with an amount equivalent to the fair value of non-cash assets. The two economic businesses shall conduct income tax treatment. In other words, the real estate company's "demolition and return" behavior of must deem the restored commercial housing as sales recognition income at fair value, and at the same time, it is recognized as the demolition compensation for the taxable cost of real estate development. is to simplify the calculation, assuming that the cost price of similar residential houses in this example is equivalent to the taxable cost of the developed product. From this we can see that the land value-added tax and corporate income tax treatment principle of 's "demolition one for one" behavior is consistent with the principle of handling the land value-added tax. is regarded as sales income and the demolition compensation expenditure for the tax calculation cost of development products are both 2800,000 yuan . However, when corporate income tax prepayment is declared ,
should be confirmed as deemed as sales income of 1040,000 yuan [(3500-2200)×800].
[Case 2]
A real estate development company in Luliang City, Shanxi Province developed a project in May 2019 (belonging to urban village renovation). The project uses a land area of 21,000 square meters, the residential building area is 31,900 square meters, and the sales area is 29,000 square meters. The residential area used to resettle villagers is 7,900 square meters, and the remaining 21,100 square meters of residences are freely sold or used by the company. The project was completed in May 2020. The total area of the relocation house, which has started to handle the handover procedures with the relocated households in September 2020, has been 7,900 square meters.
was officially sold to the public in January 2021, and all sales were completed that month. The company's average price of similar real estate during the same period was 7,000 yuan/square meter (including tax), and achieved sales revenue of 147.7 million yuan (21,100 square meters × 7,000 yuan/square meter).
The final settlement of the project has been completed and the development cost is 60 million yuan. Among them, the land expropriation fee and demolition compensation fee are zero, the preliminary project fee is 7 million yuan, the construction and installation project fee is 32 million yuan, the infrastructure construction fee is 16 million yuan, the public supporting facilities fee is 2 million yuan, and the development indirect cost is 3 million yuan. The interest on borrowing from a company is RMB 4 million (assuming that it does not exceed the same loan interest rate for the same period of the financial enterprise), but the interest is not allocated according to the project. There is no bank interest bill. Please analyze the accounting and tax treatment of "Disclaimer one for one" .
[Analysis]
(I) Accounting processing
calculation process is as follows:
1, development cost 60 million yuan, interest expense 4 million yuan.
2 and demolition compensation expenses = 7900×0.7 = 5530 (10,000 yuan) .It should be noted that the demolition compensation here cannot be considered as only 7,900 square meters of demolition households, but for the entire property, it needs to be shared among the total saleable area of 29,000 square meters.
is deemed to be sales revenue = 7900×0.7 = 5530 (10,000 yuan) .
obviously shows that the above-mentioned demolition households "deemed to be equal to sales revenue and development costs." must be confirmed at the same time.
3, tax-based cost per unit saleable area = (6400 + 5530) ÷29000 = 4113.7931 (yuan/square meter). It should be noted that the 29,000 square meters here are calculated as the total saleable area, and the 7,900 square meters of the demolition households cannot be subtracted, that is, 21,100 square meters cannot be used as the denominator, otherwise the cost will be inflated.
4, deemed as sales cost = 4113.7931×7900 = 3249.8965 (10,000 yuan);
deemed as sales income = 5530-3249.8965 = 2280.1035 (10,000 yuan).
accounting treatment is as follows:
1. When the development product is completed, it is deemed to be the accounting treatment of selling based on the same price during the same period of resettlement (unit: 10,000 yuan, the same below):
Debit: Development cost———————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————————— 456.61
2. Real estate enterprise issued a real estate sales invoice of RMB 55.3 million, and the owner issued a demolition compensation receipt to the real estate enterprise 55.3 million . Accounting processing for carrying forward costs:
Debit: Main business cost - land expropriation fee and demolition compensation fee 3249.8965
Loan: Development product-commercial housing replacement 3249.8965
(II) Tax processing is as follows
1, Value-added tax .
(1) Calculation of value-added tax
The company should go through the handover procedures with the relocated households in September 2020,
VAT sales tax = (4113.7931×7900)÷ (1+9%)×9%
How to determine the cost price of "resettlement houses"? Some places believe that considering the original land occupied by the demolished property, the developer does not need to pay the cost of the land, and the cost price of the compensation property should no longer be calculated; some places believe that the land cost should be included. The author's view is that the cost of relocation housing is the same as that of commercial housing sold normally. It should be divided into two aspects: land cost and construction cost. However, the land cost here is exchanged for houses for land, and the cost price should include land cost.
(2) Issuing a sales invoice for real estate.
If the company implements the " Enterprise Accounting Standards ", non-monetary asset exchange must confirm the main business income of 55.3 million yuan. The company should issue a "sale real estate" value-added tax invoice at the sales price of 55.3 million yuan ;
If the company is in use If the company implements "Enterprise Accounting System" , and non-monetary asset exchange does not confirm the main business income, the company should issue a "sale real estate" value-added tax invoice at a cost price of 32.498965 million yuan, and
and then deemed as sales income = 5530-3249.8965 = 2280.1035 (10,000 yuan).
It should be noted that no matter how invoice is issued, it will not affect the repayment area and the demolition building area. VAT is levied at the cost price.
2. Processing of land value-added tax
The difference between corporate income tax is that when handling the handover procedures with the relocated households, there is no need to immediately perform land value-added tax liquidation , only pre-collecting. Assuming that the pre-gathering rate is 2%, when the real estate company starts to handle the handover procedures with the relocated households in September 2020, it must pay the land value-added tax = 5530×2% = 1.106 million yuan (yuan). Whether the relocation housing is deemed to be the sales income is finally settled for land value-added tax, depends on the sales status of the property.Since the project has been sold completely, the land value-added tax must be liquidated.
The land value-added tax liquidation calculation process for this project is as follows:
Development cost = 5530 + 6000 = 11530 (10,000 yuan);
deducted project amount = 11530× (1+20%) + 11530×10% + 14770×5.5%
=15801.35 (10,000 yuan);
value-added amount =14770 + 5530-15801.35=4498.65 (10,000 yuan);
value-added rate = 4498.65 ÷15801.35 = 28.47%, the applicable tax rate is 30%, and the quick deduction rate is 0;
Land value-added tax payable = 4498.65 × 30% - 0 = 1349.595 (10,000 yuan);
Pre-deducted land value-added tax = 5530×2% = 110.6 (10,000 yuan);
Land value-added tax should be paid = 1349.595 - 110.6 = 1238.995 (10,000 yuan).
3, processing of corporate income tax
When the company began to handle the handover procedures with the relocated households in September 2020, it must confirm that deemed sales income = 5530-3249.8965 = 2280.1035 (10,000 yuan),
paid corporate income tax = 2280.1035×25% = 570.0259 (10,000 yuan) .
It should be noted that tax payment cannot be calculated based on "estimated gross profit margin" , but it must be confirmed that the payment should be calculated as sales income.
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