Question A Company is a real estate sales company in Jiangsu. Suppose all the properties purchased from a real estate company in a certain month are sold, with the purchase price of 50 million yuan, the sales price of 80 million yuan, the related business tax and other related taxes of 7 million yuan, the loan interest of financial institutions of 3 million yuan, and the expenses of other periods of 5 million yuan. How to calculate and pay the land value-added tax? Answer Article 7 of the Notice of State Taxation Administration of The People's Republic of China, Ministry of Finance of People's Republic of China (PRC) on Some Specific Issues Concerning Land Value-added Tax (Caishuizi [1995] No.48) stipulates that newly-built houses refer to unused properties after completion. Any property that has been used for a certain period of time or reached a certain degree of wear and tear belongs to the old house. Service time and wear degree standards can be specified by the finance departments (bureaus) and local tax bureaus of all provinces, autonomous regions and municipalities directly under the Central Government. Therefore, the criteria for the identification of old houses are specified by the financial departments (bureaus) and local taxation bureaus of all provinces (autonomous regions and municipalities directly under the Central Government). Article 4 of the Notice of Jiangsu Provincial Department of Finance and Jiangsu Provincial Local Taxation Bureau on Forwarding Several Issues Concerning Land Value-added Tax to the Ministry of Finance and State Taxation Administration of The People's Republic of China (Su Cai Shui [2007] No.45) stipulates that the old houses in land value-added tax refer to houses that have been built and handled with property certificates or purchase invoices, and houses that have been built and delivered but have not been handled with property certificates. According to the above regulations, the property purchased by Company A from the real estate company has obtained the purchase invoice, which belongs to the old house, not the new house. The property sold by Company A belongs to the old house for sale. Article 7 of the Detailed Rules for the Implementation of the Provisional Regulations on Land Value-added Tax stipulates that the deduction items listed in Article 6 of the Regulations are as follows: ... (4) The appraisal price of old houses and buildings refers to the price after the replacement cost price appraised by the real estate appraisal agency approved by the government is multiplied by the new discount rate when the old houses and buildings are transferred. The evaluation price must be confirmed by the local tax authorities. Article 10 of the Notice of the Ministry of Finance of People's Republic of China (PRC), State Taxation Administration of The People's Republic of China, on Some Specific Issues Concerning Land Value-added Tax (Caishuizi [1995] No.48) stipulates how to determine the deduction for the transfer of old houses: the transfer of old houses, the land use right price paid according to the evaluation price of houses and buildings, the relevant fees paid according to the unified national regulations, and the taxes paid at the time of transfer. If the land value-added tax is calculated by deducting the project amount, the land use right transfer fee has not been paid or the certificate of paid land price cannot be provided. Article 12 stipulates that the evaluation fee can be deducted when calculating the value-added amount: if a taxpayer transfers an old house or building to evaluate the real estate for the purpose of calculating tax payment, the evaluation fee paid can be deducted when calculating the value-added amount, and the evaluation fee incurred by a taxpayer who conceals the false transaction price of real estate and collects land value-added tax according to the evaluation price of real estate cannot be deducted when calculating the land value-added tax. Article 2 of the Notice of the Ministry of Finance of People's Republic of China (PRC), State Taxation Administration of The People's Republic of China, on Several Issues Concerning Land Value-added Tax (Cai Shui [2006]2 1No.) stipulates that taxpayers who transfer old houses and buildings can't obtain the evaluation price, but can provide purchase invoices, shall be confirmed by the local tax authorities. The amount of deduction items stipulated in Article 6 (1) and (3) of the Regulations shall be The deed tax paid by the taxpayer when buying a house can be deducted as "taxes related to the transfer of real estate" if it can provide the deed tax payment certificate, but it shall not be used as the base for adding 5%. Where old houses and buildings are transferred, the local tax authorities may, in accordance with the provisions of Article 35 of the Law on the Administration of Tax Collection, implement the approved collection without evaluating the price and providing invoices for the purchase of houses. Article 7 of the Notice of State Taxation Administration of The People's Republic of China, People's Republic of China (PRC) on Issues Related to Land Value-added Tax Liquidation (Guo [2010] No.220) stipulates that the first paragraph of Article 2 of the Notice of State Taxation Administration of The People's Republic of China, Ministry of Finance of People's Republic of China (PRC) on Issues Related to Land Value-added Tax (Cai Shui [2006]2 1 No.2) stipulates that "taxpayers cannot obtain the appraisal price when transferring old houses and buildings, However, the deduction stipulated in Items (1) and (3) of Article 6 of the Regulations can be provided, which can be calculated according to the amount indicated in the invoice, with an annual increase of 5% from the year of purchase to the year of transfer. " When calculating the deduction items, "every year" is one year from the date specified in the purchase invoice to the date of issuance of the sales invoice, and every 12 months; More than one year, less than 12 months but more than 6 months, can be regarded as one year. According to the above provisions, the calculation formula of the value-added amount of the transferred old house is: 1. The appraisal price of old houses can be obtained and confirmed by tax authorities: value-added amount = sales revenue-appraisal price of old houses-land price-paid transfer taxes-appraisal fee of old houses 2. If there is no evaluation price, the purchase invoice can be provided and confirmed by the tax authorities: value-added amount = sales income-the amount contained in the invoice (650. 3. If the price or invoice is not assessed, the tax authorities will verify the collection.
Legal objectivity:
Article 6 of the Provisional Regulations on Urban Property Tax in People's Republic of China (PRC) shall be taxed according to the following standards and tax rates: 1. The property tax is taxed annually according to the standard house price, and the tax rate is 1%. Second, the real estate tax is levied on an annual basis according to the standard land price, and the tax rate is 1.5%. 3. Cities where the standard house price and the standard land price are indistinguishable can be temporarily taxed on an annual basis according to the standard house price, and the tax rate is 1.5%. 4. In cities where the standard housing land price is difficult to obtain, the standard housing rental price can be temporarily levied on an annual basis, and the tax rate is 15%.