Chongqing, On The Part Of Individual Housing Property Tax Reform Interim Measures

Original Language Title: 重庆市关于开展对部分个人住房征收房产税改革试点的暂行办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201111/20111100353006.shtml

Chongqing, on the part of individual housing property tax reform interim measures (Released January 27, 2011, Chongqing Municipal People's Government order No. 247, January 28, 2011) for adjusting income distribution, guiding individuals reasonable housing consumption, according to the Executive meeting of the State Council for the 136th on mental, Chongqing Municipal People's Government for decision in some regions of some individual housing property tax reform.

    Now, combined with the reality in our city, the interim measures are formulated.

A pilot area

    Yuzhong, shapingba district, Jiangbei district, in pilot areas, jiulongpo district, and Dadukou district, and district, banan district, Yubei District, beipei district, and, and, and (hereinafter referred to as the main city of the district).

Second, collection object (A) the pilot take a step by step approach.

First into the housing of collection objects:

1. personally owned single-family housing. 2. individual newly purchased luxury homes.

Luxury housing refers to an area on the trading price reached a two-year average prices for main city and nine area creates an area of commodity housing sold twice times (including twice times) more than housing.

3. in Chongqing City, at the same time not eligible, free enterprise, newly purchased by individuals without work II (second set) more than ordinary housing. New housing refers to the date of the coming into force of the interim measures to buy homes (including new commodity housing and housing stock).

New commodity housing purchase time to sign the purchase contract and submitted to the House where real estate transactions with whichever of the management authority in the registration center, housing stock to buy time to handle the housing ownership transfer, register the change of time shall prevail.

    (B) not included in the scope of individual luxury homes, more than ordinary housing, will be taxable at the right time.

Third, taxpayers Taxpayer for the taxable housing owners. Property rights of minors, by their legal guardians, tax. The origin of property, by the pledgee tax.

Owner, guardian and the location of the code is not the property of, or property rights dispute is not resolved the uncertainty and security code, by the custodian or the use tax.

    Total taxable housing property, owners should take the initiative agreed upon taxpayers, is not agreed, taxpayers specified by the tax authorities.

Four, the tax basis Tax on taxable home value prices for real estate transactions.

When conditions are ripe, real estate assessment value as the tax basis.

Single-family housing and upscale housing into the taxable scope, if there are no new rules, regardless of whether there are property changes are object of taxation, tax and changes in applicable tax rates are no longer trading.

    Belonging to the taxable housing for rent as provided herein, the provisions of these regulations impose a property tax, no rental income property tax.

Five, the tax rate

(A) single-family housing and an area of luxury homes on trading price in two years the main city area creates an area of commodity housing sold 3 times times the average price of housing, tax 0.5%; 3 times (3 times) to 4 times times, rate of 1%; 4 times (4 times) over at 1.2%.

    (B) in Chongqing City, at the same time not eligible, free enterprise, newly purchased by individuals without work the second sleeve (second set) more than ordinary housing, at 0.5%.

Six, the calculation of tax payable

(A) individual housing property tax of tax payable shall be calculated.

Tax payable = taxable price x x meters building area trading rates

Tax area means taxpayers taxable housing floor space after deducting duty-free area area.

(B) the calculation of the duty free area.

Deducting duty-free area based on the family unit, a family only for a tax shelter deductions tax-free area. Taxpayers in the single-family housing owned prior to the implementation of these measures, duty-free area of 180 sq m goods new single-family homes, luxury homes, duty-free area of 100 square meters.

Taxpayer's family has a number of new purchases of taxable housing units, in chronological order of first purchase of should be tax shelter deductions tax-free area.

    In Chongqing City, at the same time not eligible, no business, no personal tax shelter shall not deduct tax area.

Seven, tax and holdover

(A) to farmers in Homestead built on owner-occupied housing, temporarily exempt from property tax.

(B) in Chongqing City, at the same time not eligible, free enterprise, individuals without jobs should be held by tax shelter, such as taxpayers in Chongqing have household registration, there are enterprises, either of the working conditions, from the current year are exempt from tax, duty paid, refund of duties paid that year.

    (C) due to force majeure such as natural disasters, there is difficulty in the taxpayers, may apply to the local tax authorities tax deductible and the payment of the tax.

BA and collection management (A) the taxpayer of individual housing property tax next month of time for access to housing.

Taxes levied by year, monthly tax payable shall be calculated in less than a year.

(B) individual housing property tax the taxable housing is located where the tax authority is responsible for collecting.

(C) the taxpayer should be required to declare truthfully and provide relevant information.

    (D) individual housing property tax collection and management in accordance with the People's Republic of China regulations of the law on tax collection and management.

Nine, income

    Individual housing property tax revenues used exclusively for the construction and maintenance of public rental housing.

Ten, supporting measures

(A) for two years on the main city area creates an area of commodity housing sold price calculated in accordance with the Government's annual average price. (B) the departments concerned should cooperate with levy authority application assessment technology to establish a housing stock of real estate transaction price comparison system, an assessment of stock of all types of housing and tax reference values.

Housing stock traded much lower price and without justifiable reasons, taxable value tax.

(C) finance, tax, land and housing, household, business, home, human security and other departments to build a platform for real estate information, pay close attention to building personal housing information system. (D) the relevant administrative departments to actively cooperate with the tax authorities to establish individual housing property tax control mechanisms.

Individual taxable housing does not provide payment receipts for the transfer, not the transfer of property rights and other related formalities.

(E) the taxpayer does not pay within the prescribed period or pay less tax payable, by the local tax authorities ordered to pay overdue payments, the local tax authorities may submit written notification taxpayer Bank or other financial institutions are withholding from their deposits, late fees and fines.

    (Vi) after the tax notice is still not paid, taxpayers ' outstanding individual housing property tax into individual credit information system management.

    Cheung explains this approach by the Chongqing Municipal People's Government. 12, the approach from the January 28, 2011.