When should tax planning be done for real estate development?

Compared with the relatively mature tax planning research in western countries, the tax planning research in China started late, especially in real estate development. The research on tax planning of real estate development enterprises in China began in 2000. In 2002, Tax Planning of Real Estate Enterprises edited by He Zhidong expounded the basic knowledge and methods of tax planning of real estate development enterprises according to the main taxes involved in real estate development enterprises. Subsequent research began to pay attention to all aspects of real estate development enterprise management, supplemented by tax saving and tax avoidance schemes and classic cases. The tax planning of real estate development enterprises should be expounded from four aspects, namely, tax planning in the preparation stage of real estate, tax planning in the construction stage of real estate, tax planning in the sales stage of real estate and tax planning during the period of real estate retention. Tax planning in the early preparation stage of real estate

The preliminary preparation of real estate mainly includes obtaining land use rights. Land use tax needs to be paid in the process of obtaining land use rights. Land use tax refers to a tax levied by the tax authorities where the land is located according to the actual land area occupied by the units and individuals who use the land in cities, counties, towns and industrial and mining areas. Land use tax is levied on land area and land users, which belongs to the behavior tax type characterized by paid occupation. Land use tax is only levied in cities above the county level, and urban land use in non-collection areas is not taxed. Urban land use tax is levied in cities, counties, towns and industrial and mining areas. The specific tax payment scope of cities, counties, towns and industrial and mining areas shall be delineated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Land use tax adopts different tax rates, and the annual tax per square meter of land in large, medium and small cities and counties is different. In order to prevent the long-term expropriation of land without using and restricting the occupation of more land, an additional tax can be levied within the range of 2 -5 times of the prescribed tax amount. Parks, scenic spots, temples, cultural, educational, health and social welfare units, towns, streets, public facilities, railways, airports, port areas, railway stations, land for traffic and water conservancy projects, land for agricultural, forestry, animal husbandry, fishery and fruit production bases, and land for personal non-business construction are exempt from land use tax. In order to encourage the use of wasteland, beaches and other land, the land that has been approved for rectification and the transformed abandoned land are given tax exemption for a period of 10 year. For these tax-free items, enterprises should pay attention to them and use legal tax-free items to save taxes and real estate development costs. Tax planning in the construction stage of real estate construction mainly involves construction business tax and service business tax. Construction business tax is a kind of business tax, which refers to a turnover tax levied on the turnover of taxable construction services provided in China. The construction industry here refers to the construction and installation engineering industry, including construction, installation, repair and decoration. At present, there are many subcontracting and subcontracting phenomena in the construction industry, with different forms, and adopting different contracting forms has a great impact on corporate taxation. According to the current business tax laws in China, if the general contractor of a construction project subcontracts the project to others, the turnover shall be the balance of the general contract amount minus the price paid to the subcontractor or the subcontractor, and the business tax shall be paid. If an engineering contracting company contracts the construction and installation engineering business and then signs a construction and installation engineering contract with the construction unit for construction, whether it participates in the construction or not, it shall comply with the above provisions and pay business tax according to the tax item of "construction industry" at a tax rate of 3%; If an engineering contracting company does not sign a construction and installation contract with the construction unit, but is only responsible for the organization and coordination of the project, it shall pay business tax according to the tax item of "service industry" at a tax rate of 5%. This provides a space for enterprises to carry out tax planning. Example: Company A wants to undertake a project. Through the coordination of engineering contracting company B, construction company C finally contracted the project, and both parties signed a contract with a contract amount of 3 million. Therefore, Party C paid a service fee of 6.5438+0.5 million yuan to Company B. Then the business tax payable by Company B for this business is:150,000× 5% = 7,500 yuan. If Company B plans business and directly signs contracts with three companies, the total contract amount is 310.5 million yuan, and Company B

Subcontract the project to Company C, and after completion, Party B will pay 3 million yuan to Party C. Then the business tax payable by Company B for this business is: (3150000-3000000) × 3% = 4500 yuan. Tax planning can also be carried out by building houses. First, the real estate agent construction behavior. These Measures refer to the behavior of real estate development enterprises to carry out real estate development on behalf of customers and collect construction income from customers after development. As far as real estate development enterprises are concerned, although they have made some income, the ownership of real estate has never been transferred, and their income belongs to labor remuneration and belongs to the scope of business tax collection. Real estate development enterprises can use this building method to reduce the tax burden, but only if the end users can be identified at the beginning of development and directional development can be implemented, so as to avoid paying land value-added tax after development. For example, a real estate enterprise, commercial housing sales revenue of 50 million yuan, after deducting business tax and surcharges, the total amount is 35 million yuan. If the enterprise pays taxes according to the normal sales of goods, it shall pay business tax and surcharge = 5000× 5.5% = 2.75 million yuan; The value-added amount accounts for (5000-3500- 275) ÷ (3500+275) = 32.45%, and the land value-added tax should be paid (5000-3500-275) × 30% = 3.675 million yuan, achieving a profit of 5000-3500-. If the enterprise adopts the way of building houses on behalf of others and obtains labor income of140,000 yuan, it should pay business tax of1400× 5% = 700,000 yuan and realize profit of1400-70 =13.3 million yuan. Second, cooperative housing. This way refers to the behavior that one party pays, the other party goes out of the land and the two sides jointly build a house. After the completion of the project, if the houses are allocated to individuals in proportion, the land value-added tax will be temporarily exempted. Enterprises can use this preferential policy to achieve a win-win situation. Example: A real estate enterprise has a piece of land worth 500 million yuan, but due to the shortage of funds, it is planned to consider building a house in cooperation with enterprise B, with A providing the land use right and B providing the funds. If Party A and Party B divide the house for their own use in proportion after the house is completed, then enterprise A needs to pay 500 million yuan × 5% = 25 million yuan business tax when transferring intangible assets. If Party A and Party B set up a joint venture, they will share the risks and profits. After the house is built, the joint venture company will be liquidated and the house will be distributed to both parties as income. Neither party needs to pay business tax. Tax planning of real estate sales links Real estate sales links mainly involve business tax, land value-added tax, urban construction tax and stamp duty. Business tax can be planned from the following aspects: (1) planning of extra-price expenses. The tax basis of business tax is turnover, that is, the total price and extra-price expenses charged by taxpayers for providing taxable services, transferring intangible assets or selling real estate. Out-of-price charges include fees, funds, collection fees, collection fees and other out-of-price charges of various nature. At the same time, the provisional regulations on business tax also stipulate that the behavior of property management enterprises collecting water, electricity, gas (coal), maintenance funds and rent on behalf of relevant departments belongs to the "agency" business in the tax item of "service industry", and business tax is only levied on the fee income obtained from their agency business. This provides a space for real estate development enterprises to plan business tax by controlling out-of-price expenses. When selling houses, real estate development enterprises often need to collect supporting fees such as water and electricity installation, gas (coal) combustion and maintenance fund. For real estate development enterprises, these supporting facilities fees belong to accounts payable, not as housing sales income, and should be treated as "other payables", but they still need to be included in the tax basis of business tax when calculating and paying business tax. However, if a real estate development enterprise has set up a property company, the collection of this part of the extra-price expenses will be transferred to the property company, so the money collected does not belong to the "extra-price expenses" stipulated in the tax law, and there is no need to levy business tax. For example, the operating income of a real estate company last year was 300 million yuan, of which the collection amount was 50 million yuan, and the business tax payable was 35,000× 5% = 6,543.8+0.75 million yuan. If the collection money is collected by the subordinate property company, the real estate company shall pay the business tax of 30,000× 5% =150,000 yuan. (2) Planning of different tax rates. Because there are nine kinds of business tax items, the tax rates are different. The sales of real estate are subject to the business tax rate of 5%, and the house decoration belongs to the construction and installation industry, and the tax rate of 3% is applicable. Making full use of the tax rate difference can save a lot of taxes for real estate companies. For example, the price of a rough house in a real estate developed by enterprise A is 8000 yuan/square meter, and the decoration is calculated at 1000 yuan/square meter, with a total area of 50000 square meters. If enterprise A does not set up a decoration company, but only signs a sales contract, the business tax is: 9000× 50000× 5% = 22.5 million yuan; Enterprise A signs a sales contract based on a rough house, establishes a decoration company and signs a renovation contract with customers, so the business tax is: 8,000× 50,000× 5%+1000× 50,000× 3% = 21.5 million yuan.

With regard to the tax planning of land value-added tax, according to China's Provisional Regulations on Land Value-added Tax, if taxpayers build ordinary standard houses for sale, and the value-added amount does not exceed 20% of the deducted project amount, they will be exempted from land value-added tax. If the value-added amount exceeds 20% of the project deduction, it shall be taxed according to the total value-added amount. At the same time, the tax law also stipulates that taxpayers who build ordinary standard houses and engage in other real estate development should calculate the value-added separately. If there is no separate accounting for the value-added or the value-added cannot be accurately accounted for, this tax exemption cannot be applied to the ordinary standard houses they built. Real estate development enterprises are engaged in other real estate development while building ordinary standard houses. The key to planning is to control the value-added rate of ordinary standard houses within 20% in order to obtain tax-free treatment under the condition of separate accounting. The key to reducing the value-added rate is to reduce the value-added amount. Example: A real estate development enterprise A made a sales income of 60 million yuan from selling ordinary standard commercial houses, after deducting the project cost of 44 million yuan (excluding tax). Sales tax and surcharge = 6000× 5 %× (1+7%+3%) = 3.3 million yuan, after deducting the project amount = 4400+330 = 47.3 million yuan, the value-added amount = 6000-4730 =12.7 million yuan, and the value-added rate. In order to get the tax-free treatment of ordinary standard rooms, the value-added rate can be controlled within 20%. There are two planning methods: one is to reduce the sales price of ordinary standard houses. Although lowering the sales price will reduce the value-added rate, it will also lead to a decrease in sales revenue and affect corporate profits. Whether this method is reasonable or not depends on comparing the reduced income and the less tax paid. Assuming that other conditions remain unchanged and the sales price of ordinary standard rooms is changed to X, the land value-added tax payable is: sales tax and surcharge = X1× 5% × (1+7%+3%) = 0.055x1. Deduct the total project amount = 4400+0.055x. The added value = x1-(4400+0.055x1) = x655438 is given by the equation (x1-0.055x1-4400). At this time, the sales revenue is 3.469 million yuan less than the original 60 million yuan, and the tax is reduced by 38 1 10,000 yuan due to the exemption of value-added tax, which is 34 1 10,000 yuan less than the reduced income. Second, increase the deduction amount of ordinary standard rooms: there are many ways to increase the deduction amount of items, such as increasing the cost of real estate development and real estate development expenses. Assuming that other conditions remain unchanged in the above example, but the deduction items of ordinary standard rooms are changed to X2, the land value-added tax payable is: the total amount of deduction items = x2+330, the value-added amount = 6000-(x2+330) = 5670-x2, and the value-added rate = (5670-x2)/(x2+330) × At this time, ordinary standard rooms can be exempted from land. Tax Planning During the holding period of real estate, some real estate developed by real estate development enterprises are not used for sale, but some are reserved for self-managed or temporarily unsold real estate to earn rent, which involves tax planning of idle houses. If they are rented, they will generate rental income. At present, the rental income accounts for an important proportion of the total income of real estate development enterprises, and the tax planning of rent is also worth considering. There are two common ways for enterprises to invest in real estate: renting to obtain rental income; Share profits with real estate joint ventures. The taxes and tax burdens involved in these two ways are different. Real estate development enterprises rent commercial housing for lease, and pay property tax, business tax and urban maintenance and construction tax according to regulations, and then pay enterprise income tax, which is heavy in tax burden. If you invest in real estate and participate in the profit distribution of the invested unit, * * * will bear the investment risk, and you don't need to pay business tax and its surcharges, and you don't need to pay property tax directly, you just need to pay enterprise income tax. It can be seen that transforming leasing business into investment business can effectively reduce the tax burden of enterprises.

Hope to adopt, thank you.