What is the personal income tax in a property transaction

1. According to the provisions of the "Individual Income Tax Law", the income obtained by the individual's own housing shall be subject to individual income tax according to the item of "income from property transfer", with a tax rate of 20%. At the same time, in order to promote the healthy development of China's residential market and standardize the collection behavior, the Ministry of Finance, the State Administration of Taxation and the Ministry of Construction made clear provisions on December 2, 1999 on how to levy individual income tax on individual housing income, which is specifically taxed in three situations:

1. The taxable income of individuals other than public housing shall be determined in accordance with the relevant provisions of the Individual Income Tax Law. That is, 20% of the individual income tax shall be paid according to the balance of the income from the transfer of property after deducting the original value of the property and reasonable expenses, and reasonable expenses refer to the relevant expenses paid when selling the property.

2. The taxable income of the individual who has purchased public housing shall be the sales price of the public housing owned by the individual, after deducting the price of affordable housing with the housing area standard, the original payment of the housing price exceeding the housing area standard, the income paid to the financial or original property rights unit, and the reasonable expenses stipulated in the tax law.

3. Housing and demolition and resettlement housing shall be determined by reference to the purchased public housing.

2. "Income from property transfer" shall be subject to individual income tax at a rate of 20%, and the collection method is as follows:

2. Verification and collection: If the taxpayer cannot provide the invoice of the original value of the house and other expenses, the individual income tax = tax calculation ** 1%.

3. Give examples.

Suppose a set of real estate purchased for 1 million yuan, now with 2 million ****, according to the inspection and collection, the tax ** is 2 million, the original value is 1 million, the deed tax is 10,000 (assuming that the tax rate is 1% at the time of purchase), the relevant taxes (mainly business tax) is 10,000 yuan, and the reasonable cost is the decoration fee (150,000, invoices can be provided), handling fees, and notary fees totaling 5,000 yuan, then the personal income tax to be paid is (10,000, not 20% of the bid-ask price difference, that is, 200,000 yuan.

The only dwelling does not include properties in other provinces.

I haven't touched on that yet.

I'll tell you right away when I know.

Personal income tax: (tax rate 1% of the total transaction amount or 20% of the difference between the two transactions paid by the seller).

Levy conditions: Families as units** Non-sole housing is subject to individual housing transfer income tax.

If it is the only home of the family but the purchase time is less than 5 years, it needs to be paid in the form of a tax deposit, if you can re-purchase the property and obtain the property within one year, you can refund the tax deposit in whole or in part, and the specific refund amount will be refunded according to the lower 1% of the transaction of two properties**.

The local taxation bureau will examine whether there are other properties in the names of the seller and his wife as the basis for the family's sole residence, including the housing (excluding non-residential properties) that have been registered by the housing management department although the title certificate has not been delegated.

If the property being sold is a non-residential property, it will be subject to personal income tax in any case. In addition, if the local taxation bureau pays the difference in business tax in the process of tax collection, the individual income tax must also levy 20% of the difference.

Real estate tax explained:

According to the five detailed rules of the state, housing will be exempted from 20% individual income tax depending on the situation.

On the 1st, the "National Five" rules were issued, requiring that 20% individual income tax be levied on the income from the transfer of housing by individuals in accordance with the law.

Due to the unified collection of 20% individual income tax will greatly increase the transaction cost of second-hand housing, the local government in the implementation of the policy, if the implementation of "one size fits all" will undoubtedly hurt the rigid demand.

Especially in a first-tier city like Beijing, there are very few new projects entering the market in the central urban area, and even if there are, the sales unit price is often so high that ordinary people simply cannot afford it. Therefore, second-hand housing has become the main force of real estate transactions in first-tier cities such as Beijing, and how to implement the detailed rules has also become the focus of attention of all parties.

The Ministry of Finance, the Ministry of Housing and Urban-Rural Development, and the State Administration of Taxation have basically reached a consensus on the implementation of the "National Five" rules, that is, in addition to continuing to implement the preferential policy of "individual housing for 5 years and exempting income from individual income tax for the sole housing transfer" issued in 2006, it is also expected to reserve a certain space for rigid demand in the market, and implement the collection policy in a targeted manner, and the specific measures will be formulated by the local government.

Judging from Beijing's implementation of the "five national rules", it can be said that the differential collection has been well reflected, and the focus of regulation and control is still on investment speculative demand.

(1) Calculation method of individual income tax in real estate transactions.

There are two ways to calculate the amount of personal income tax, and which calculation method to use depends on the seller's details:

1. Regulations on the payment and reduction of individual income tax.

If the seller sells the house and meets the requirements of the family's only residence at the same time, and the purchase time is more than 5 years, the individual income tax is exempted; If any of the conditions are not met, the seller must pay personal income tax. This is what we usually call the "full five unique". However, if the house sold by the seller is a non-residential property, such as an apartment, a shop and other commercial properties, the individual income tax must be paid in full according to the regulations in any case.

2 The seller sold the house that was not satisfied with the "full five".

If the taxpayer (seller) can find the original value of the house in the local taxation system, or can provide the original value of the house and other expenses, the individual income tax calculation method is:

Individual income tax = (tax** - original value of the house - original deed tax - reasonable expenses such as taxes paid for this transaction) 20%.

For example, the tax** is 1 million, and the original value, original deed tax and related taxes are 700,000 yuan. Then, the personal income tax that the seller needs to pay is: (100-70) 20% = 60,000 yuan.

If the taxpayer (seller) cannot find the original value of the house in the local tax system, nor can he provide the original value of the house and other expenses, the calculation method of individual income tax is: individual income tax = tax calculation** 1%.

2) How to determine whether the property is over five years old.

1 If it is a house purchased according to the market**, it is necessary to look at the date recorded on the "Housing Ownership Certificate" and the date of filling and issuance of the "Deed Tax Payment Certificate".

2 If the housing is purchased according to the housing reform policy, the date recorded in the "Housing Ownership Certificate", the date of signing the "Public Housing Purchase Contract" and the time of the payment receipt shall be used as the basis for calculation, and the time shall also be based on the time of the former.

3 If the house is acquired by inheritance or gift from an immediate family member, the time of purchase can be calculated consecutively from the time of purchase by the original owner.

4 If the house is acquired as a gift from a non-immediate family member, the time of purchase shall be calculated from the time of the gift of the property.

In addition to the deed tax, there is also personal income tax for real estate transactions, which is the percentage of the difference in the appraisal price, which is calculated as your income tax.

How is the individual income tax on the sale of a house calculated, and what are the calculation methods?

Transaction tax calculation method.

01 Buyer: 1. Deed tax: transaction price or appraisal price (whichever is higher) The tax rate for commercial buildings or more than 144 square meters is 3%)

2. Transaction service fee: construction area (square meter) 3 yuan.

3. Transaction stamp duty: transaction price or appraisal price (whichever is higher) 0 05%

4. Property right transfer registration fee: 50 yuan (10 yuan for each additional person, 80 yuan for the buyer).

02 Seller: 1. Transaction service fee: construction area (square meter) 3 yuan.

2. Stamp duty on transactions: transaction price or appraisal price (whichever is higher) 0 05%

3. Land transfer fee: 1% of the transaction price or appraisal price (whichever is higher).

4. Distressed housing: 1% of the transaction price or appraisal price (whichever is higher).

5. Commercial housing: the land transfer fee is 3% of the benchmark land price, and the construction area of the unpaid land transfer fee.

6. Apportioned costs: Transaction price Total area Apportioned area 10% (below 10th floor) Transaction price Total area apportioned area 20% (above 10th floor).

7. Individual income tax: 1% of the transaction price or appraisal price (whichever is higher) (exempted if the house has been used for five years and is the only living house).

8. Business tax and additional tax: the transaction price or appraisal price (whichever is higher) The real estate certificate or the deed tax payment certificate at the time of purchase is less than five years).

Legal analysis: the individual income tax in the purchase of a house refers to the individual income tax, which is only available in the transaction of the seller's stock house (commonly known as the second-hand house) for the individual, and this tax should be paid by the seller in principle, but because most of the sellers in the transaction now choose the net collection price, it means that the tax of both the buyer and the seller should be borne by the buyer. Among them, the proportion of personal income tax:

1. Ordinary house: the total price multiplied by 1% or (total price - cost) multiplied by 20%;

2. Income from gifts or inheritances shall be levied at the rate of multiplying 20% of the total price;

3. Those who have purchased a house for 5 years and are the only living house for the family are exempted from payment.

Legal basis: Provisional Regulations of the People's Republic of China on Real Estate Tax

Article 2 The real estate tax shall be paid by the property owner. If the property rights belong to the whole people, they shall be paid by the units that operate and manage them. If the property rights are pawned, the pawn shall pay them.

If the owner of the property right or the pawn is not in the place where the property is located, or if the property right has not been determined and the dispute over the lease has not been resolved, the real estate custodian or user shall pay the fee. The property owners, business management units, pawns, real estate custodians or users listed in the preceding paragraph are collectively referred to as taxpayers (hereinafter referred to as taxpayers).

Article 3 The real estate tax shall be calculated and paid according to the residual value of the original value of the real estate after deducting 10% to 30% at one time. The specific reduction range shall be prescribed by the people of provinces, autonomous regions, and municipalities directly under the Central Government. If there is no original value of the property as a basis, the tax authority where the property is located shall refer to the same type of property for verification.

If the property is rented, the rental income of the property shall be used as the basis for calculating the real estate tax.

Article 4 The tax rate of real estate tax shall be calculated and paid according to the residual value of the real estate, and the tax rate shall be; If the tax rate is calculated and paid according to the rental income of the property, the tax rate is 12%.

The individual income tax on second-hand housing transactions is calculated at 1% of the total transaction amount or 20% of the difference between the two transactions. For individuals who transfer housing, if they can provide complete and accurate relevant vouchers and can correctly calculate the tax payable, they shall be audited and collected, and the individual income tax shall be levied at 20% of the taxable income; If the taxpayer fails to provide complete and accurate relevant vouchers and cannot correctly calculate the tax payable, the tax rate shall be temporarily set at 1% of the tax calculation.

Notice on Adjusting the Preferential Policies for Deed Tax and Business Tax in Real Estate Transactions

Article 2. If an individual sells a residential accommodation house that has been purchased for less than 2 years, the business tax shall be levied in full;

Individuals who will purchase housing for more than 2 years (including 2 years) and sell it to the outside world are exempt from business tax. The specific procedures for tax exemption, the time for purchasing housing, the issuance of invoices, the acquisition of housing in a non-form of purchase and other relevant tax administration regulations shall be implemented in accordance with the relevant provisions.

If you buy an ordinary house and you acquire the property rights, you need to pay personal income tax at 20% of the difference, or 1% of the total amount of the house.

1.For those who have been satisfied for 5 years and belong to the only ordinary residence, they can be exempted from personal income tax. In addition, it is also necessary to pay a land transfer fee, and for the type that is not the only house of the family, the individual income tax will be directly charged at 1% of the house price.

In addition to individual income tax, in the process of second-hand housing transactions also need to pay business tax, according to the relevant provisions of our country will be purchased less than 2 years of housing sales, the full amount of business tax, according to the total housing appraisal price of the collection, the purchase of housing has been more than two years, can be exempted from business tax.

2.If an individual can provide complete and accurate proof of the original value of the house and the cost and expense accounting information for the transfer of housing, the balance of the income from the transferred property after deducting the original value of the property and reasonable expenses shall be the taxable income, and the individual income tax rate shall be 20%.

3.If an individual cannot provide complete and accurate proof of the original value of the house and the cost and expense accounting information for the transfer of housing, the individual income tax shall be assessed and levied, and the approved collection rate is generally 1%, and the tax authority where the property is located can be consulted for details.

Extension: The taxable income of individual income tax on the transfer of a house by an individual does not include VAT, and the VAT included in the price paid when acquiring the house is included in the original value of the house, and the expenses that can be deducted when calculating the income from the transfer do not include the VAT paid on this transfer. Reasonable expenses refer to the expenses actually paid by taxpayers in accordance with the provisions of housing decoration costs, housing loan interest, handling fees, notary fees and other expenses.