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Taxation
The Category of Tax for a Real Estate Development Enterprise Involved Foreign Investment
Tax Objects Tax Items Tax Rate
Income Income Tax on enterprise with foreign investment and Foreign Enterprises 33%
Construction & Transfer of Real Estate Properties Business Tax 3% for Construction
5% for Transfer of Real Estate Properties
Properties Ownership Urban Real Estate Tax 1.2% (by the Residual Value)
12% (by the Rent Fee)
Land Appreciation in Transfer of Real Estate Properties Land Appreciation Tax Land Appreciation Tax shall adopt four level progressive rates as follows: For that part of the appreciation amount not exceeding 50% of the sum of deductible items, the tax rate shall be 30%.
For that part of the appreciation amount exceeding 50%, but not
exceeding 100%, of the sum of deductible items, the tax rate shall be 40%.
For that part of the appreciation amount exceeding 100%, but not
exceeding 200%, of the sum of deductible items, the tax rate shall be 50%.
For that part of the appreciation amount exceeding 200% of the sum of deductible items, the tax rate shall be 60%.
Transfer of Land Use Rights & Sales and Purchases of Real Estate Deed Tax 1.5-5%
[Related Laws & Regulations]
The Law of the People’s Republic of China on Income Tax on enterprise with foreign investment and Foreign Enterprises (adopted by the National People’s Congress on April 9, 1991 and published on the same day)
Provisional Regulations of the People’s Republic of China on Business Tax (the State Council, effective as of 13th December 1993)
Interim Regulations Concerning Urban Real Estate Tax(Promulgated by the Central People’s Government Administration Council on August8, 1951)
Provisional Regulations of the People’s Republic of China on Land Appreciation Tax(Adopted at the 12th Executive Meeting of the State Council on November 26, 1993, promulgated in Decree No.138 by the State Council of the People’s Republic of China on December 13, 1993 and effective as of January 1, 1994)
Provisional Regulations of the People’s Republic of China on Indenture (the State Council, effective as of 1st Oct. 1997)
Circular Concerning Income Tax Administration of Foreign Invested Real Estate Development and Operation Enterprises (Promulgated by State Administration of Taxation, effective as of 20th Dec. 2001)
Circular Concerning Tax Settlement on Foreign Invested Enterprises Involved in Real Estate Business (Promulgated by State Administration of Taxation, effective as of 1st Jan. 2000)
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