Regarding the details of land lease, there are caveats to land lease

Detailed explanation of state-owned land leasing.

Summary. The precautions for land lease contracts are:

1. Subject qualifications.

Check whether the right holder recorded on the property right certificate is consistent with the lessor, and see whether the lessor has the right to dispose of the land.

There are caveats to be taken into account for land leases.

The precautions for land lease contracts are: 1. Subject qualifications. Check whether the right holder recorded on the property right certificate is consistent with the lessor, and see whether the lessor has the right to dispose of the land. Rotten Nat.

2. Lease term. Indicate the start and end dates and the length of the lease, and carefully review the available period. 3. Land information. Specify the name, location, area, and quality grade of the leased land. Xian Zheng.

4. When signing the land lease contract, it is necessary to pay attention to: whether the lessor has the right to use the land and whether it is a sublease; Carefully review the lessor's land use right license, carefully destroy Naison to check the rentable period; Carefully review the lessor's self-confidence, focusing on whether the lessor mortgages the land; The obligations of the lessor shall be specified in the contract, mainly the basic conditions that the lessor shall provide; Attention should be paid to the agreement on the jurisdiction of disputes, and arbitration should be avoided as much as possible.

5. The lessor shall compensate for the losses if it terminates the contract without authorization. If the lessor terminates the contract without authorization, it shall compensate the lessee for its losses, including: the loss of funds that the lessee has invested in development, the loss of objects such as the construction of factories on the leased land, the loss of expected profits, the loss of workers' wages, and the loss of product abandonment.

If liquidated damages are stipulated in the lease contract, the lessor shall bear the liquidated damages. 6. Attention should be paid to the arbitration jurisdiction of contract wooki disputes. Fill in the name of the arbitration institution correctly, and the arbitration institution generally does not contain the word "city"; Fully understand the "final award" system, where efficiency and risk coexist; The arbitration commission is not a state organ and has limited authority; The overall quality of arbitrators is slightly lower than that of judges; Arbitration institutions are less impartial than courts; Arbitral institutions are susceptible to manipulation by local** or economic groups.

1. No change in land use is allowed.

In our rural areas, farmers used to build houses when they were in a more casual state, they wanted to build in the first place, how to build how they wanted, some rural people have a large number of people in their families, so they directly used the excess land to build houses, in fact, this is not possible. The "Land Management Law" clearly stipulates that the state's land is used for cultivated land, and it is not possible to convert agricultural land into construction land without permission, and in the process of transferring and leasing land, it is also not allowed to change the use of land at will.

2. The land shall not be polluted or destroyed.

In recent years, the development of rural areas is getting better and better, the living standards of farmers are also constantly improving, farmers feel that life is getting better and better, indeed, everyone is obvious to all, farmers are also sincerely grateful for the good policies of the country, but in the process of rural development, they ignore the environmental problems in the countryside, and the pollution phenomenon in the countryside is becoming more and more serious, such as: farmers dump garbage in small rivers at will, farmers use excessive fertilizers, pesticides, etc., which has seriously affected the health of farmers. Rural soils have been largely damaged. In order to alleviate this situation, the state has clearly proposed to prohibit the act of polluting and destroying land, and will also uphold the principle of "whoever pollutes shall be treated" and "whoever destroys shall remediate", and will increase the protection of land, especially in the case of leasing and circulation, and will also punish those who destroy land and cause pollution.

In China, not all land is subject to tax, the state has tax-free land, military land or places of interest, there are also exempt from tax for a certain period of time, urban bus stations are exempt from tax for ten years, other countries do not have the provisions of the land, as long as it is used, it is necessary to pay taxes and fees, and the specific amount of land type and area to pay is related to the customs relationship.

1. Do I need to pay the tax on the use right of leased land?

According to Article 2 of the Decision on Amending the Provisional Regulations of the People's Republic of China on Urban Land Use Tax (Order No. 483 of the People's Republic of China), units and individuals who use land within the scope of cities, counties, organized towns, industrial and mining areas are taxpayers of urban land use tax (hereinafter referred to as land use tax) and shall pay land use tax in accordance with the provisions of these Regulations. In addition, Article 4 of the Interpretation and Interim Provisions on Several Specific Issues Concerning Land Use Tax (Guo Shui Di Zi [1988] No. 015) provides for the determination of taxpayers, and the land use tax shall be paid by the units or individuals with land use rights. If the taxpayer with the right to use the land is not located in the place where the land is located, the custodian or the actual user shall pay the tax; If the land use right is not determined or the ownership dispute is not resolved, the actual user shall pay taxes; If the land use rights are jointly shared, the parties to the joint ownership shall pay taxes separately.

Therefore, the land use tax of leased land shall be paid by the lessor who owns the land use right.

Legal Analysis: Wang Qi 1The rent standard of state-owned land lease should be balanced with the land price standard.

If the lessee fails to pay other land fees when obtaining the land use right, the rent standard shall be converted according to the full land price; If the lessee pays land requisition, demolition and other land expenses when obtaining the land use right, the rent standard shall be converted according to the balance of the land price after deducting the relevant expenses.

2.If a short-term lease is adopted, the rent is generally paid on an annual or quarterly basis; If a long-term lease is adopted, the time of payment of land rent, the time interval of rent adjustment and the adjustment method shall be clearly stipulated in the state-owned land lease contract.

Legal basis: "Notice of the Ministry of Land and Resources on Printing and Distribution" Article 4 State-owned land leasing can be implemented according to the specific circumstances of the short-term lease and long-term lease of the Tomb. For short-term use or construction of temporary buildings, short-term lease shall be implemented, and the short-term lease term shall generally not exceed 5 years; For the land that needs to be used for a long time after the construction of above-ground buildings and structures, a long-term lease shall be implemented, and the specific lease term shall be agreed in the lease contract, but the maximum lease term shall not exceed the maximum term of land transfer for the same purpose as prescribed by law.

Precautions for land lease agreement: subject qualifications, check whether the right holder recorded on the property right certificate is consistent with the land lessor. The term of the lease, indicating the start and end dates of the lease and the length of the lease. Land information, listing the name, location, area, and quality grade of the leased land.

Legal basis: Article 470 of the Civil Code stipulates that the content of the contract shall be agreed upon by the parties and generally include the following clauses:

1) The names and addresses of the parties;

b) the subject matter; iii) quantity;

iv) Quality; 5) Price or remuneration;

6) the period, place and method of performance;

7) Liability for breach of contract;

8) Methods of Dispute Resolution.

The parties may conclude a contract with reference to the model texts of various types of contracts. Pat tape.