The State Council Decree of the State Council of the People’s Republic of China No.138 “Interim Regulations of the People’s Republic of China on Land Value-Added Taxes” was adopted the at the 12th Executive Meeting of Premier of the State Council Li Peng December 13, 1993 Interim Regulations of the People’s Republic of China on Land Value- Added Taxes Article 1 These regulations are formulated to standardize the marketing of land and real estate, reasonably regulate the gains from added value Article 2 Units and individuals (hereinafter referred to as taxpayers) shall pay land value-added taxes on their incomes derived from transference Article 3 The land value-added taxes are levied on increased values the taxpayers derive from the transference of the real estate at rates specified Article 4 In calculating the added value, costs and expenses listed in Article 6 of these regulations shall be deducted from the taxpayers Article 5 Taxpayers’ gains from his real estate transference includes incomes in cash, kind and other forms. Article 6 Deductions to be made in the calculation of land added-value: (1) The lease price paid for the use of the land; (2) The cost and expenses spent in the development of the land; (3) The cost and expenses in the construction of new buildings and attached installations, or the evaluated prices of old buildings and (4) Tax payments involved in the real estate transference; (5) Other deductions as prescribed by the Ministry of Finance. Article 7 Land value-added taxes shall be levied in four progressive levels: The tax rate is 30% for that part of the added value which does not exceed 50% of the deducted amount. The tax rate is 40% for that part of the added value which does not exceed 50% but less than 100% of the deducted amount. The tax rate is 50% for that part of the added value which is greater than 100% but less than 200% of the deducted amount. The tax rate is 60% for that part of the added value which exceeds 200% of the deducted amount. Article 8 On one of the following conditions, a taxpayer is exempt from land value-added tax: (1) The taxpayer builds houses of ordinary standard for sale and the added value does not exceed 20% of the deducted amount; (2) Land and properties recalled and requisitioned by the State according to law for construction purposes. Article 9 On one of the following conditions, the land value-added tax rates are set according to the evaluated prices of the real estate: (1) Concealment and falsification in reporting the transaction prices in real estate transference; (2) Untrue reporting of the deducted amount; (3) The transaction prices in the real estate transference are lower than the evaluated prices for no justifiable reasons. Article 10 A taxpayer should declare the real estate transaction at the tax authority in the place where the real estate is located within seven Article 11 The land value-added taxes are to be collected by the tax offices. The land and house property administration departments shall supply Article 12 Land and house property administration departments shall not perform the procedure for changes in the proprietary rights for the taxpayers Article 13 The collection and administration of the land value-added taxes shall be carried out according to relevant stipulations in the Law Article 14 The Ministry of Finance is responsible for interpretation of these regulations and in charge of formulating detailed rules for their Article 15 These regulations will enter into force as of January 1, 1994. All measures of the localities for the collection of the land value-added Send to: People’s government of various provinces, autonomous regions and municipalities directly under the Central Government, all General Office of the Central Government, General Office of the Central Military Committee, General Office of the Standing Committee |
The State Council
1993-12-13