Notice on Deed Tax Policy in the Reorganization of China United Network Communication Group Co., Ltd. (Caishui [2010] No.87)
), China Unicom in the process of restructuring and merger involved in the deed tax issues in two aspects to give clear.
1. For China United Network Communication Group Co., Ltd. and its subsidiaries to inherit the land and house ownership of former China United Network Communication Group Co., Ltd., former China Network Communication Group Co., Ltd., Unicom Xinguoxin Communication Co., Ltd. and Unicom New Time and Space Mobile Communication Co., Ltd., China United Network Communication Co., Ltd. inherits the land and house ownership of former China Netcom (Group) Co., Ltd., and no deed tax is levied.
There is no deed tax on the transfer of land and housing ownership at the parent company level and the listed company level during this restructuring. In fact, for the transfer of land and housing ownership involved in enterprise restructuring and reorganization, we have been enjoying the tax-free deed tax policy for many years, which is not exclusive to China Unicom. 《
Notice of Ministry of Finance State Taxation Administration of The People's Republic of China on Certain Deed Tax Policies for Enterprise Restructuring and Reorganization (Caishui [2008] 175)
Article 3 stipulates that if two or more enterprises are merged and rebuilt into one enterprise according to the law and the contract, and the original investors still exist, the merged enterprise will inherit the ownership of the land and houses of the original merged parties and be exempted from deed tax. The merger process of China Unicom and China Netcom conforms to this regulation. Although the company name has changed, it has not changed the original investor. So it was set up to give it tax exemption.
Two, China United Network Communications Group Co., Ltd. and its subsidiaries, China United Network Communications Co., Ltd. to transfer or state-funded (shares) to assume the original state-owned allocated land, should be levied deed tax.
Land inherited by means of transfer shall be subject to deed tax. No deed tax is levied on state-owned allocated land, but it is a special case to accept the original state-owned allocated land by means of transfer or state investment (shareholding), according to
Notice of State Taxation Administration of The People's Republic of China on Several Issues Concerning the Implementation of Deed Tax Policy in Enterprise Restructuring and Reorganization (Guo Shui Fa [2009] No.89)
) stipulates that the land allocated by the original restructuring and reorganization enterprise is transferred by means of transfer or state investment (shareholding), which does not belong to.
Caishui [2008]No. 175
The scope of tax exemption stipulated in the document shall be subject to deed tax. Therefore, in this case, there is also a policy basis for collecting deed tax according to regulations.
If the transfer method bears the original allocated land, the tax basis shall be ""
Notice of State Taxation Administration of The People's Republic of China Ministry of Finance on Deed Tax Issues Concerning the Transfer of Land Use Rights (Caishui [2004] 134)
Where the land use right is obtained by allocation, and the land use right is obtained by transfer after approval, the deed tax shall be paid according to law, and the tax shall be based on the land transfer fee and other transfer fees that should be paid back. It is relatively simple for Unicom to transfer the land, and it can be calculated directly by paying the land transfer fee and other transfer fees.
The confirmation of land and tax base is funded by the state at a fixed price, according to "
Notice of State Taxation Administration of The People's Republic of China, Ministry of Finance on Deed Tax Issues Concerning the Transfer of State-owned Land Use Rights by State-priced Investment (Share) in the Process of Enterprise Restructuring (Caishui [2008] 129)
) Regulations: According to the first paragraph of Article 2 of the Provisional Regulations on Deed Tax in People's Republic of China (PRC), the transfer of state-owned land use rights belongs to the scope of deed tax collection. According to the first paragraph of Article 8 of the Provisional Regulations of People's Republic of China (PRC) * * * and the State on Deed Tax, the transfer of land and house ownership by means of investment or shareholding shall be regarded as the transfer of land use rights. Therefore, the transfer of state-owned land use rights by means of state investment (shareholding) should be regarded as the transfer of land use rights, and the undertaker of land use rights should pay deed tax according to regulations. Therefore, the amount of capital contribution (shares) determined by the state at a fixed price is the tax basis of deed tax.