Q:
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What taxes are involved in selling housing for individuals?
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A:
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For the seller, including value-added tax, urban construction and maintenance tax, education surcharge, local education surcharge, land value-added tax, stamp tax and personal income tax; For purchasers, including deed tax and stamp duty.
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Q:
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For the seller, what are the tax rates of the taxes involved and how are they paid?
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A:
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1.
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Value added tax
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Individual sales of self-built houses and houses purchased for more than 2 years (inclusive) are exempt from VAT;
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Individuals who purchase houses for less than two years will pay VAT in full at the 5% rate. (Excluding Beijing, Shanghai, Guangzhou and Shenzhen)
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2.
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Urban construction and maintenance tax, education surcharge, local education surcharge
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Urban construction and maintenance tax, value-added tax amount * applicable tax rate (7% in urban areas, 5% in counties and towns, and 1% in others)
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Educational surcharge: VAT tax amount*3%
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Local education surcharge: VAT tax * applicable rate (the rate specified by this province)
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3.
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Land value-added tax: the sale of housing by natural persons is exempt.
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4.
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Stamp tax: natural persons are exempt from selling houses.
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5.
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Personal income tax
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The original value of the house can be provided or the tax authority can verify the original value of the house, the taxable price minus the original value of the house, the difference between the tax paid during the transfer of the house and the relevant reasonable expenses × 20%;
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If the taxpayer fails to provide a complete and accurate original value certificate and cannot correctly calculate the original value of the house and the taxable amount, an approved taxation shall be implemented. Approved according to 1%~3% of housing income. Tax payable = income from housing transfer × approved levy rate; Shanxi province provides 1%.
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Transfer for self-use for more than 5 years, and is the only house for family life, exempt.
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Personal income tax is not levied on the parties if they meet the following circumstances:
The owner of the house property rights donates the house property rights free of charge to the spouse, parents, children, grandparents, grandparents, grandchildren, grandchildren, siblings;
The owner of the property right of the house grants the property right of the house free of charge to the supporter or supporter who bears the obligation of direct support or support;
If the owner of the property right of the house dies, the legal heir, testamentary heir or bequeathor who acquired the property right of the house according to law.
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Q:
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For the purchaser, what are the tax rates of the taxes involved and how are they paid?
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A:
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1.
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Deed tax
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Individuals who purchase a single house with an area of 90 square meters or less will be levied at a 1% tax rate; individuals who purchase a second improved house of 90 square meters or less will be charged a 1% tax rate;
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Individuals who purchase a single house for families over 90 square meters will be levied at a reduced rate of 1.5%; individuals who purchase a second set of improved housing for families over 90 square meters will be levied at a reduced rate of 2%;
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The third set and above are levied at the legal tax rate prescribed by the province.
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2.
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Stamp duty: natural persons purchase houses without tax.
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Q:
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How to calculate the number of years of housing?
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A:
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1.
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An individual purchases a house with the time indicated on the obtained property title certificate or deed tax payment certificate as the time for the purchase of the house.
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2.
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"Time indicated in the deed tax payment certificate" refers to the date of issuance indicated on the deed tax payment certificate.
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3.
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When the taxpayer declares and simultaneously issues the house property certificate and the deed tax payment certificate and the time indicated by the two is inconsistent, the time to purchase the house shall be determined in accordance with the principle of "whoever comes first".
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4.
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The behavior of individuals to sell housing through non-purchase forms such as donation, inheritance, and divorce property division.The time to purchase a house is determined according to the time before the property division of the gift, inheritance and divorce occurs, and the purchase price is determined based on the original price of the house before the property division of the gift, inheritance and divorce occurs.Individuals need to go to the local taxation department to go through the relevant formalities with the legal and valid legal certification documents for obtaining housing through non-purchase forms such as donation, inheritance, and divorce property division.
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5.
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For public housing purchased in accordance with the national housing reform policy, the time to purchase the house shall be determined according to the principle of "whoever comes first" based on the effective time of the purchase contract, the date of issuance of the house payment receipt, or the time indicated on the house property certificate.
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Q:
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How to determine the taxable price of each tax type?
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A:
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It is the sales price of houses without tax.
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FAQ
