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Steps and flow of land tax increase and liquidation
Taxpayers who meet one of the following conditions shall carry out land value-added tax liquidation.
1. All real estate development projects are completed and sold;
2, the overall transfer of unfinished real estate development projects;
3. Direct transfer of land use rights.
Two, to meet one of the following conditions, the competent tax authorities may require taxpayers to carry out land value-added tax liquidation.
1. For real estate development projects that have been completed and accepted, the transferred real estate construction area accounts for more than 85% of the saleable construction area of the whole project, or the remaining saleable construction area has been rented out or occupied, although the proportion does not exceed 85%;
2 sales (pre-sale) license is less than three years;
3. The taxpayer applies for cancellation of tax registration but fails to go through the land value-added tax liquidation procedures;
4. Other circumstances stipulated by the tax authorities of provinces (autonomous regions, municipalities directly under the Central Government and cities under separate state planning).
Legal basis: People's Republic of China (PRC) Tax Collection and Management Law.
Article 1 This Law is formulated with a view to strengthening the administration of tax collection, standardizing tax collection, safeguarding national tax revenue, protecting the legitimate rights and interests of taxpayers and promoting economic and social development.
Article 2 This Law is applicable to the collection and management of various taxes collected by tax authorities according to law.
Article 3 The collection, suspension, reduction, exemption, refund and supplementary payment of taxes shall be carried out in accordance with the law. Where the State Council is authorized by law, it shall be implemented in accordance with the administrative regulations formulated by the State Council.
No organ, unit or individual may, in violation of the provisions of laws and administrative regulations, arbitrarily make decisions on tax collection, suspension, tax reduction, exemption, tax refund, overdue tax and other decisions inconsistent with tax laws and administrative regulations.
Article 4 Units and individuals that are obligated to pay taxes according to laws and administrative regulations are taxpayers.
Units and individuals that have the obligation to withhold and pay taxes according to laws and administrative regulations are withholding agents. Taxpayers and withholding agents must pay taxes, withhold and remit taxes and collect and remit taxes in accordance with the provisions of laws and administrative regulations.
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