Provisional Regulations on Land Value Appreciation Tax of th
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2014-12-22
Article 1 These Regulations are formulated for the purpose of standardizing the order of the land and real estate market, reasonably regulating the proceeds from the appreciation of land value and safeguarding the interest of the State.
Article 2 Institutions and individuals with returns from the transfer of use right of state-owned land, buildings and other attachments thereon (hereinafter referred to as "realty transfer") shall be payers of land value appreciation tax (hereinafter referred to as the "taxpayer") and pay land value appreciation tax in accordance with the provisions of these Regulations.
Article 3 Land value appreciation tax shall be assessed and levied on the basis of the returns from the appreciation a taxpayer receives from realty transfer at the tax rate as provided in Article 7 of these Regulations.
Article 4 The amount of land value appreciation shall be the balance of the income of a taxpayer from a realty transfer after deductions of items as provided in Article 6 of these Regulations.
Article 5 The income of a taxpayer from a realty transfer shall include income in currency, in kind and in other forms.
Article 6 Items to be deducted from the amount of Land value appreciation tax payable:
1. Payments for obtaining the land use right;
2. Costs and other expenses on land development;
3. Costs and other expenses on the new buildings and auxiliary establishments or the appraised prices of the old buildings and other structures;
4. Taxes involved in the realty transfer; and
5. Other items for deductions stipulated by the Ministry of Finance.
Article 7 Land value appreciation tax shall be levied at progressive rates on incomes in excess of four specific amounts:
The rate shall be 30% on the amount of appreciation not exceeding the combined amount of the deductions by 50%.
The rate shall be 40% on the amount of appreciation not exceeding the combined amount of the deductions by 100%.
The rate shall be 50% on the amount of appreciation exceeding the combined amount of the deductions by 100% but not by 200%.
The rate shall be 60% on the amount of appreciation exceeding the combined amount of deductions by more than 200%.
Article 8 Land value appreciation tax shall be exempted in one of the cases listed below:
1. When a taxpayer has built an ordinary residence for sale and the land value appreciation does not exceed the deductions by 20%;
2. When land or realty requisitioned or taken back by the State in need for national construction in accordance with the law.
Article 9 Tax shall be levied on the basis of the appraised price of the realty in one of the following cases on the part of a taxpayer:
1. Concealing and falsely reporting the price of a land transaction;
2. The deductions provided are false;
3. The price of the deal is lower than the appraised price without a proper reason.
Article 10 A taxpayer shall file tax returns with the local tax authorities within seven days after the signing of the realty transfer contract and pay land value appreciation tax within the time limit prescribed by the tax authorities.
Article 11 Land value appreciation tax shall be collected by the tax department. The land administrative department and real estate management department shall provide relevant information and assist the taxation department in collecting land value appreciation tax in accordance with the law.
Article 12 The land administrative department and real estate management department shall not handle the procedure of the relevant transfer of the use right or ownership for a taxpayer who has failed to pay land value appreciation tax in accordance with the provisions of these Regulations.
Article 13 Land value appreciation tax shall be administered in accordance with the provisions of the "Law of the People's Republic of China on Tax Administration" and these Regulations.
Article 14 The Ministry of Finance shall be responsible for the interpretation of these Regulations and formulate the rules for the implementation thereof.
Article 15 These Regulations shall come into effect as from January 1, 1994. All local regulations on the taxation on land value appreciation wherever contradicting with these Regulations shall cease implementation therefrom.
Article 2 Institutions and individuals with returns from the transfer of use right of state-owned land, buildings and other attachments thereon (hereinafter referred to as "realty transfer") shall be payers of land value appreciation tax (hereinafter referred to as the "taxpayer") and pay land value appreciation tax in accordance with the provisions of these Regulations.
Article 3 Land value appreciation tax shall be assessed and levied on the basis of the returns from the appreciation a taxpayer receives from realty transfer at the tax rate as provided in Article 7 of these Regulations.
Article 4 The amount of land value appreciation shall be the balance of the income of a taxpayer from a realty transfer after deductions of items as provided in Article 6 of these Regulations.
Article 5 The income of a taxpayer from a realty transfer shall include income in currency, in kind and in other forms.
Article 6 Items to be deducted from the amount of Land value appreciation tax payable:
1. Payments for obtaining the land use right;
2. Costs and other expenses on land development;
3. Costs and other expenses on the new buildings and auxiliary establishments or the appraised prices of the old buildings and other structures;
4. Taxes involved in the realty transfer; and
5. Other items for deductions stipulated by the Ministry of Finance.
Article 7 Land value appreciation tax shall be levied at progressive rates on incomes in excess of four specific amounts:
The rate shall be 30% on the amount of appreciation not exceeding the combined amount of the deductions by 50%.
The rate shall be 40% on the amount of appreciation not exceeding the combined amount of the deductions by 100%.
The rate shall be 50% on the amount of appreciation exceeding the combined amount of the deductions by 100% but not by 200%.
The rate shall be 60% on the amount of appreciation exceeding the combined amount of deductions by more than 200%.
Article 8 Land value appreciation tax shall be exempted in one of the cases listed below:
1. When a taxpayer has built an ordinary residence for sale and the land value appreciation does not exceed the deductions by 20%;
2. When land or realty requisitioned or taken back by the State in need for national construction in accordance with the law.
Article 9 Tax shall be levied on the basis of the appraised price of the realty in one of the following cases on the part of a taxpayer:
1. Concealing and falsely reporting the price of a land transaction;
2. The deductions provided are false;
3. The price of the deal is lower than the appraised price without a proper reason.
Article 10 A taxpayer shall file tax returns with the local tax authorities within seven days after the signing of the realty transfer contract and pay land value appreciation tax within the time limit prescribed by the tax authorities.
Article 11 Land value appreciation tax shall be collected by the tax department. The land administrative department and real estate management department shall provide relevant information and assist the taxation department in collecting land value appreciation tax in accordance with the law.
Article 12 The land administrative department and real estate management department shall not handle the procedure of the relevant transfer of the use right or ownership for a taxpayer who has failed to pay land value appreciation tax in accordance with the provisions of these Regulations.
Article 13 Land value appreciation tax shall be administered in accordance with the provisions of the "Law of the People's Republic of China on Tax Administration" and these Regulations.
Article 14 The Ministry of Finance shall be responsible for the interpretation of these Regulations and formulate the rules for the implementation thereof.
Article 15 These Regulations shall come into effect as from January 1, 1994. All local regulations on the taxation on land value appreciation wherever contradicting with these Regulations shall cease implementation therefrom.
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