Do Not Forget The Price Of Land Use Right.

The inspection team of a local tax inspection Bureau inspected a listed company and issued a check report, of which the property tax is stated: the original value of the company's fixed assets is 20 million yuan, and the remaining value after deducting 20% is 16 million yuan. According to the 1.2% tax rate, 192 thousand yuan of property taxes payable in 2010 and 2011 have been paid, and no real estate tax has been found.

In the trial, the trial staff considered that a company as a listed company carried out the "enterprise accounting standards", and its land value related to the housing must be accounted for in the "intangible assets" subject, and reflected from the inspection report. The inspector calculated the property tax payable only according to the original value of the house recorded in the "fixed assets" subject, and probably missed the land value. The case was then returned to the supplementary examination.

Not long after that. Inspectors The supplementary inspection report and related evidence materials were re submitted to the trial. As the suspect questioned, the company purchased land use rights in 2006 for 25 million yuan (including taxes and fees paid) to build buildings and other buildings. The floor area ratio was 0.8.. At that time, the enterprise accounting system was implemented. After the completion of the building, the land price and the construction cost of the building were transferred to fixed assets. In 2009, when the company went public, it changed to the implementation of the enterprise accounting standards. According to the relevant provisions of the enterprise accounting standards, the company separated the 25 million yuan from the original value of the land fixed assets into the "intangible assets" subject, as the cost of the land use right, and began to pay the property tax according to the original value of the property value recorded in the "fixed assets" subject from 2009, 20 million yuan.

In accordance with the notice of the Ministry of Finance and the State Administration of Taxation on the issue of land tax on the use of real estate tax (Finance and tax [2008]152), since January 1, 2009, the property that is taxed according to the original value of the property shall be paid in accordance with the original price of the house, whether or not it is recorded in the accounting book fixed assets subject. The original price of housing should be accounted for according to the relevant accounting regulations of the state ". It is not inappropriate for the company to calculate the property tax from 2009 to 2010 according to the original value of 20 million yuan.

However, after the announcement of the Ministry of Finance and the State Administration of Taxation on the policy of resettlement of urban land use tax for employment units for disabled persons (fiscal and tax [2010]121 number) in December 2010, the tax basis of ad valorem property tax has undergone major changes. The document has third rules, and the original value of real estate should include land price, including the price paid for the acquisition of land use rights and the cost of land development, regardless of accounting. If the plot ratio is less than 0.5, the land area shall be calculated according to the 2 times of the real estate construction area and the land price that is included in the original value of the house shall be determined accordingly. This notice shall be implemented from the date of dispatch. Prior to the stipulation that this notice is inconsistent, it shall be carried out in accordance with this circular. Therefore, the property tax declared by the company in 2011 was not 25 million yuan. Land price The original tax value is incorporated into the real estate, thus paying 240 thousand yuan (2500 * 80% * 1.2%) of the property tax. Accordingly, the Inspection Bureau has made a decision to charge 240 thousand yuan of tax and impose late fees.

The tax basis for ad valorem levy of property tax. Finance and tax Document [2008]152 stipulates that the original price of housing shall be accounted for according to the relevant accounting regulations of the state. The fiscal and taxation [2010]121 document is amended to read: "no matter how the accounting is used, the original value of the real estate should include the land price". This change has no effect on the taxpayer who implements the enterprise accounting system, but it has great influence on the implementation of the enterprise accounting standards. Starting from 2011, enterprises should still perform the accounting treatment according to the accounting standards for enterprises, and calculate the price of the land use rights related to houses in the "intangible assets". However, when the property tax is declared, the land price must be included in the original value of the property as a tax basis for the property tax.

Therefore, since 2012, when the property tax inspection of large and medium-sized enterprises listed companies and the implementation of the enterprise accounting standards is conducted, we must establish the sole tax basis of the original value of the property in the "fixed assets" subject, which is not the ad valorem levy of the property tax. This new concept should not only check the original value of the property in the "fixed assets" with inertial thinking, but also focus on the verification of the land use rights in the "intangible assets" subjects, so as to prevent the occurrence of the original property value of the property and pay the property tax less.