Law 41 Of 2005 Real Estate Sales Tax Law

Original Language Title: القانون 41 لعام 2005 قانون ضريبة البيوع العقارية

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Read the untranslated law here: http://parliament.gov.sy/arabic/index.php?node=201&nid=5081&RID=-1&Last=10058&First=0&CurrentPage=11&Vld=-1&Mode=&Service=-1&Loc1=&Key1=&SDate=&EDate=&Year=&Country=&Num=&Dep=-1&

Law 41 of 2005

Real estate sales tax law

President

Based on the provisions of the Constitution,

And on what passed the People's Assembly in its meeting held on / 19.11.1426 and / 20.12.2005 / m.

Issued the following:

Article / 1 /

A / the exception of the provisions governing the tax real profits / earnings of Commerce entered the real estate / stipulated by Law No. / 24 / of / 2003 / cost natural and juridical persons Syrians and the like and non-Syrians to pay income tax on sales real estate Whatever sold property recipe .

B duty tax rate / sets Astefauha on sales of real estate by peremptory financial value estimated and recorded in the financial circles records taken mainly to put the proceeds of real estate, Land tax under a definitive decision by the financial departments as follows ..

1 / residential real estate ..

A / for real estate which Sri begin commissioning in / 1985 / and pre-dependent ratio / 25 / deterministic percent of the estimated financial value and recorded in the financial circles records.

B / For drugs that Sri begin commissioning in / 1986 / and post-based ratio / 15 / deterministic percent of the estimated financial value and recorded in the financial circles records.

2 / land ..

A / lands located within the certified organizational charts ..

1 / For the estimated or land that Sri begin commissioning in / 1985 / and pre-dependent ratio / 30 / percent of peremptory financial value estimated and recorded in the financial circles records for the first year of ownership and increased this percentage rate of / 10 / percent for each year It owns only the rate of increase of more than / 100 / deterministic percent of the estimated financial value and recorded in the financial circles and records regardless of the years of ownership.

2 / For the estimated or land that Sri begin commissioning in / 1986 / and post-based ratio / 20 / percent of peremptory financial value estimated and recorded in the financial circles records for the first year of ownership and increased this percentage rate of / 10 / percent for each year It owns only the rate of increase of more than / 100 / deterministic percent of the estimated financial value and recorded in the records and financial circles, no matter how

Years of ownership.

Under Article 3 of the Legislative Decree 52 of 2006 added the following:

- Tax cuts contained in items 1.2, paragraph (a) of Article 1 of Law 41 of 2005 concerning land situated within the certified organizational charts assets at a rate of 50 percent if it is determined not to allow construction on them.

- Reduce the tax contained in items 1.2, paragraph (a) of Article 1 of Law No. 41 of 2005 concerning land within the certified organizational charts assets at a rate of 35 percent if the provincial centers outside the cities.

B / territories outside certified organizational charts ...

1 / territories Baal ..

A / For the territory of the estimated year / 1985 / ratio and pre / 10 / dependent percent of peremptory financial value and estimated Entries in financial circles records

B / For the estimated land in / 1986 / and post-based ratio / 7 / deterministic percent of the estimated financial value and recorded in the financial circles records.

2 / land irrigation ...


A / estimated for the year / 1985 / territories and pre-dependent ratio / 15 / deterministic percent of the estimated financial value and recorded in the financial circles records.

B / estimated for the year / 1986 / and post-land ratio / 10 / dependent percent of deterministic and estimated financial value recorded in the financial circles records.

3 / Commercial Real Estate.

A / dependent ratio / 30 / percent of peremptory financial value estimated and recorded in the financial circles records when selling property stomach commercial real estate for the exercise of professions and trades commercial, industrial and non-commercial Almujrh to others or the entire property sale / property right and the right of property Rent together / in areas that is not the delivery of commercial real estate for the right to rent / Frog /.

B / in case of sale of the right neck of the properties mentioned in paragraph / a / of this item depends proportion / 30 / deterministic percent of the estimated financial value and recorded in the records and financial circles by / 2/5 / them ..

C / in case of selling the right to use the drugs mentioned in paragraph / a / of this item depends rate of / 30 / deterministic percent of the estimated financial value and recorded in the records and financial circles by / 3/5 / them.
/
D in the event of sale of the ownership of commercial property is lessor / neck and utilization of the right to rent / in areas that are commercial real estate delivery in exchange for the right to rent / Frog / dependent ratio / 30 / percent of peremptory financial value estimated and recorded in the financial circles records the sale of the property right / neck and utilization / and apply the provisions of Article / 2 / of this law for the right to sell the lease / the completion.

Article / 2 /

Determines the tax due Astefauha for sale right lease / the completion / Real Estate stomach for the exercise of professions and trades and non-commercial rate

Commercial and industrial taxpayers of lump or payers of income tax Income tax on real profits or other persons who are not practitioners of occupations listed according to the following ...

A / shops ..

Ratio / 30 / percent based peremptory financial value estimated and recorded in the financial circles records for the first year of ownership and increased this percentage rate of / 30 / percent for each year have to, but the rate of increase of more than / 600 / percent of peremptory financial value estimated Code in financial circles and records regardless of the years of ownership.

B / offices

Ratio / 25 / percent based peremptory financial value estimated and recorded in the financial circles records for the first year of ownership and increased this percentage rate of / 15 / percent for each year have to, but the rate of increase of more than / 300 / percent of peremptory financial value estimated and recorded in the records Finance departments, regardless of years of ownership

C / warehouses ..

Ratio / 20 / percent based peremptory financial value estimated and recorded in the financial circles records for the first year of ownership and increased this percentage rate of / 10 / percent for each year have to, but the rate of increase of more than / 200 / percent of peremptory financial value estimated Code in financial circles and records regardless of the years of ownership.

Under Article 4 of the Legislative Decree 52 of 2006 added the following:


"(D) industrial and service establishments: 15 per cent peremptory financial value estimated based and codified in financial circles records for the first year of ownership and increased this percentage rate of 10 percent for each year of ownership does not exceed the rate of increase to 150 percent of the peremptory financial value estimated and recorded in the records financial circles and regardless of the years of ownership. (additive under Article 1 of legislative Decree 52 of 2006).

H_alambagher and poultry: percent ratio of 10 peremptory financial value estimated based and codified in financial circles records for the first year of ownership and increased this percentage rate of 7 percent for each year of ownership does not exceed the rate of increase to 100 percent of the assessed value of financial deterministic and codified in financial circles and records regardless of the years of ownership. " (Additive under Article 1 of Legislative Decree 52 of 2006).

Under Article 2 of Legislative Decree 52 of 2006 added the following:

Payers have the right to object to the tax implications under Article 2 of Law No. 41 of 2005 and paragraphs d, e Alamadaftin under Article 1 of Legislative Decree 52 of 2006 during the thirty days following the date of informing warrant the amount of tax and argued the facts of the drug in terms of region and location and other considerations accompanied by the delivery of insurance amount of 5 percent of the tax implications and re-insurance to the taxpayer if it appears that he is right in his application or part of it, otherwise it becomes income to the treasury note that the objection does not stop the collection of the tax during the given law No. 41 of 2005. the deadline

Under Article 4 of the Legislative Decree 52 of 2006 added the following:

Shall form a committee appellate especially considering the objections submitted to the tax implications under Article 2 of Law No. 41 of 2005 and Article 1 of this legislative decree by the Minister of Finance as follows:

• Director of Finance in the center of the province's capital region or manager, as the case may be unloading a key employee for this purpose president.

• Finance Officer of experienced members.

• expert is chosen from the list of accredited to the Ministry of Finance experts members.

(B) it holds the Committee mentioned in paragraph 1 of this Article deciding objections submitted to it within the legal deadline and have the right to reduce the tax consequences to no more than 35 percent of them, according to the following criteria:

A. Up to 20 percent of the area.

B. Up to 10 percent of the site.

C. Up to 5 percent of other considerations that are assessed by the Commission from the reality of sensory detection.

(C) Committee referred to decide to paragraph (a) of this Article, the extent of the occurrence of the commercial real estate in areas where real estate received in exchange for the right to lease (Frog) or not.

(D) may be formed more than appellate committee in each province.

(E) The Committee shall meet at the invitation of its president is not valid decisions only in the presence of all its members and decisions are taken by majority vote, and its decisions are considered final.

Article / 3 /

A / people committed to those under the provisions of this law to declare their sales during the period of thirty days from the date of sale.

B / should the persons subject to the provisions of this law, the payment of the tax imposed on them within a maximum period of thirty days from the submission of the statement mentioned in paragraph / a / previous history.


Article / 4 /

A / fine violators of the provisions of paragraph / a / article / 3 / of the Act fined / 10 / percent of the tax imposed on them.

To the provisions of article / 107 / of the law No. / 24 / of / 2003 / / shall apply to persons who violate the provisions of paragraph / b / article / 3 / of this law.

Article / 5 /

Excluded from the provisions of this Act the following cases ...

A / expropriation operations and grab the public interest or for the improvement of real estate b / loan between assets and branches and couples only

C / Bioat public bodies

D / Bioat charities

E / Albioat by diplomatic missions in Syria on condition of reciprocity

And / provision of property as a share contribution in kind to meet with a capital of joint stock companies, which offer its shares on the IPO by

Not less than / 50 / percent condition of the disposal of the stake in kind provided in the corresponding stock during the next five years to the process of in-kind contribution.

Article / 6 /

Prohibits notaries and real estate departments record and every point is authorized to register real estate rights document or record any real estate right eyes unless highlights stakeholders clearance from the relevant financial circles.

Article / 7 /

Delete items / 15, 27, 29 and 32 / paragraph / a / article / 2 / of the law No. / 24 / of / 2003 /.

Article / 8 /

Adjusts items / 3 / F / 30 / paragraph / a / article / 2 / of the law No. / 24 / of / 2003 / so become as follows ...

/ 3 / of responsiblity contribution and companies limited companies, no matter what type and purpose of the exception is limited to companies that operate in universities and private schools and institutes in all its stages and kindergartens.

/ 30 / external shipping offices.

Article / 9 /

A / modifies the item / 8 / paragraph / a / article / 4 / of the law No. / 24 / of / 2003 / so that it becomes as follows ...

Exempts natural and legal persons who use air transport or sea are required to grant the exemption to persons who are not Syrians provide reciprocity.

B / Amend paragraph / b / article / 4 / of the law No. / 24 / of / 2003 / so that it becomes as follows ...

Contrary to the provisions of Article / 1 / of the law No. / 242 / date / 05.03.1956 / private hospitals covered under the provisions of the Act mandated lump income tax and tax the proceeds of real estate, Land, starting from the date of investment.

C / Delete / c / article / 4 / of the law No. / 24 / of / 2003 /.

Article / 10 /

Article / 58 / of the law No. / 24 / of / 2003 / so that it becomes as follows ... are in the calculation of checks and collect income taxes as well as all additions account Gramadtha and return them for public entities other Jabr fractures of the Syrian pound to the nearest SP higher.

Article / 11 /

While retaining the provisions of article / 117 / of the law No. / 24 / of / 2003 / include percentages mentioned in Articles 1 / and 2 / of the Act of National Defense and the school fees and the share of municipal and contributing to the support of sustainable development except for the addition of local administration extras.

Article / 12 /

Added to paragraph / b / article / 7 / of the law No. / 24 / of / 2003 / item / 8 / following ...


/ 8 / is one of the expenses that can be downloaded from the net profits expenses and personal expenses documented with direct industrial work related and identifies those expenses and expenses by a decision of the Council of Ministers on the recommendation of the Minister of Finance.

Article / 13 /

While retaining the provisions of Law No. / 25 / of / 2003 / entitled to the Minister of Finance to take necessary measures to prevent the public treasury of the state's debtors abstainers payment to leave the territory of the Syrian Arab Republic to determine the controls to prevent departure by a decision about him.

Article / 14 /

Should reconsider the tax in the proportions set forth in this law when you make a new estimate in Real Estate in Syria under a law or a legislative decree.

Article / 15 /

Finished work of articles / 21 / and / 22 / and / 65 / paragraph / d / article / 45 / of the law No. / 24 / of / 2003 / As of the effective date of this Act.

Article / 16 /

Minister of Finance shall issue the necessary instructions to implement the provisions of this law.

Article / 17 /

Published this law in the Official Gazette and shall apply its provisions starting from 01/01/2006 the past year / 2006 / costs and post ..

Damascus / 26.11.1426 / e 12/26/2005 / m



President

Bashar al-Assad