(1) According to the Provisional Regulations of People's Republic of China (PRC) on Stamp Duty, the taxation scope of "property right transfer documents" includes transfer documents such as property ownership, copyright, trademark exclusive right, patent right and proprietary technology use right, and the sale and transfer of real estate is actually the transfer of property ownership.
(2) According to Article 4 of the Notice of the Ministry of Finance on Several Policies of Stamp Duty in State Taxation Administration of The People's Republic of China City, People's Republic of China (PRC) (Caishui [2006] 162), stamp duty is levied on commercial housing sales contracts according to the transfer of property rights.
Therefore, when a real estate development enterprise signs a contract for the sale of commercial housing, it should levy stamp duty at a rate of five ten thousandths according to the Property Right Transfer Document.
Accounting treatment:
(1) Accounting entry of stamp duty provision
Borrow: taxes and surcharges
Loan: Taxes payable-Stamp duty
(2) Accounting entries for paying stamp duty
Borrow: Taxes payable-stamp duty
Loans: bank deposits
Note: Stamp duty is no longer included in the "management fee" account.
Policy basis:
According to the provisions of document No.22 of Accounting [2065438+06], the name of "business tax and surcharges" was changed to "taxes and surcharges" after the comprehensive trial of "business tax is changed to VAT".
(1) "Taxes and surcharges" This subject accounts for consumption tax, urban maintenance and construction tax, resource tax, education surcharge, property tax, land use tax, vehicle and vessel use tax, stamp duty and other related taxes and fees incurred by enterprises in their business activities;
(2) The item of "business tax and surcharge" in the income statement is adjusted to "tax and surcharge".
(3) The "four small taxes" (property tax, land use tax, travel tax and stamp duty) previously collected in the "management expenses" subject have also been adjusted to the "taxes and surcharges" subject.