according to the land value-added tax law of the people's Republic of China, housing development enterprises should pay land value-added tax when selling their own land or transferring the acquired construction land use right. However, the calculation method of land value-added tax for housing enterprises is relatively simple, mainly according to the sales amount MINUS the cost, and then according to the tax rate of 2%. Specifically, the sales amount refers to the sum of the house selling price, decoration price, etc., while the cost includes the sum of land cost, building material cost, construction cost, management cost, etc. It is important to note that the cost here must be the actual cost, not the fictitious or fabricated amount. After calculating the amount of land value-added tax, the housing enterprises still need to pay taxes within 15 days after obtaining the house payment. If you fail to pay within the time limit, you need to bear the corresponding fines and interest.
what are the relief policies for land value-added tax of housing enterprises? According to the Land Value-added Tax Law of the People's Republic of China, some land value-added tax relief policies can be enjoyed for the sale of individual housing and ordinary self-occupied housing, as well as the sale of small and medium-sized commercial housing. Specifically, the land value-added tax can be reduced by 7% of the actual taxable amount such as business tax, value-added tax, land use tax and urban maintenance and construction tax. In addition, if an enterprise transfers the land to other enterprises for construction immediately after purchasing the land, it can also make a reduction or exemption ranging from 2% to 3% according to the actual real estate transaction price.
Land value-added tax of housing enterprises is an issue that must be paid attention to. Enterprises should abide by relevant laws and regulations, truthfully declare and pay taxes on time. At the same time, when encountering tax or other legal problems, we should also actively seek the opinions and help of professional lawyers to ensure that enterprises are legal and compliant, and do a good job in corporate culture construction and social responsibility.
Legal basis:
Article 8 of the Provisional Regulations of the People's Republic of China on Land Value-added Tax is exempted from land value-added tax under any of the following circumstances:
(1) The real estate that taxpayers build ordinary standard houses for sale, and the value-added amount does not exceed 2% of the deducted project amount
(2) The real estate that is legally collected and recovered due to national construction needs.