How to transfer the factory under the company name to another company?

Legal analysis: In practice, there is often a phenomenon that a real estate company (usually the parent company) participates in winning the bid, and then a project company (the project must be a subsidiary of the parent company) is established to independently develop the target land. This phenomenon that the parent company of real estate registers and establishes a project company (subsidiary) for development after winning the bid has the following two situations in practice:

The first case: the real estate parent company pays the land payment, obtains the receipt of the land transfer fee, fails to apply for the land certificate, and plans to set up a subsidiary for development.

The real estate parent company has planted the land for bidding, and the parent company has signed the Agreement on the Assignment of State-owned Land Use Rights with the land management department, and paid the land transfer fee to obtain the land transfer fee compliance bill, but has not yet obtained the state-owned land use right certificate. Then it is planned to set up a wholly-owned subsidiary or project company to develop land in the project location.

In the second case, the real estate parent company pays the land payment, obtains the receipt of the land transfer fee, and obtains the land certificate, and plans to set up a subsidiary for development.

The real estate parent company has planted the land that won the bid, and the parent company has signed the Agreement on Assignment of State-owned Land Use Right with the land management department, paid the land transfer fee, obtained the certificate of state-owned land use right, and obtained the compliance bill of land transfer fee, and then plans to set up a wholly-owned subsidiary or project company to develop the land in the project location.

In both cases, the development and construction of the project company (subsidiary) have one thing in common: the land use right under the name of the parent company must be transferred to the project company or subsidiary registered after the parent company. If the parent company changes the winning land to the name of its subsidiary, it will face certain tax risks: it will be recognized that the parent company transfers the land use right to its subsidiary, and it must pay heavy tax burdens such as land value-added tax, value-added tax and enterprise income tax according to law.

Legal basis: People's Republic of China (PRC) Tax Collection and Management Law.

Article 1 This Law is formulated with a view to strengthening the administration of tax collection, standardizing tax collection, safeguarding national tax revenue, protecting the legitimate rights and interests of taxpayers and promoting economic and social development.

Article 2 This Law is applicable to the collection and management of various taxes collected by tax authorities according to law.

Article 3 The collection, suspension, reduction, exemption, refund and supplementary payment of taxes shall be carried out in accordance with the law. Where the State Council is authorized by law, it shall be implemented in accordance with the administrative regulations formulated by the State Council.

No organ, unit or individual may, in violation of the provisions of laws and administrative regulations, arbitrarily make decisions on tax collection, suspension, tax reduction, exemption, tax refund, overdue tax and other decisions inconsistent with tax laws and administrative regulations.

Article 4 Units and individuals that are obligated to pay taxes according to laws and administrative regulations are taxpayers.

Units and individuals that have the obligation to withhold and pay taxes according to laws and administrative regulations are withholding agents. Taxpayers and withholding agents must pay taxes, withhold and remit taxes and collect and remit taxes in accordance with the provisions of laws and administrative regulations.