What are the practical methods of land value-added tax planning?

First, make full use of the preferential policies of land value-added tax exemption period.

For example, Article 1 of the Notice of Shenzhen Local Taxation Bureau on Issues Related to Land Value-added Tax (Shenzhen Local Taxation Bureau [2005] No.609) stipulates that the time for real estate development enterprises to pay land value-added tax shall be based on the time when the contract is signed. For the real estate sales contracts signed after 165438+2005 10/(including 1 65438+1 0/), when the taxpayer obtains the down payment income from real estate sales, it shall be regarded as the sales of the real estate. The sales income of Shenzhen XX Garden Phase V is 377.65 million yuan, of which the purchase contract signed before 2005 1 1 is 316.36 million yuan, and the taxable income when the land value-added tax is settled according to the above notice is 61290,000 yuan.

Two, the development of commercial housing for personal use is no longer regarded as sales.

Article 7 of Guo Shui Fa [2009] No.31stipulates that if an enterprise uses the developed products for donation, sponsorship, employee welfare, reward, foreign investment, distribution to shareholders or investors, repayment of debts, and exchange of non-monetary assets with other enterprises, institutions and individuals, it shall be regarded as sales, and the income (or profit) shall be recognized when the ownership or use right of the developed products is transferred, or when the benefits are actually obtained. The method and sequence of confirming income (or profit) are as follows: (1) It is determined according to the market sales price of similar products developed by the enterprise in the recent period or the latest month of this year; (two) determined by the competent tax authorities with reference to the fair market value of similar local products; (three) determined by the cost profit rate of the developed products. The cost profit rate of developed products shall not be less than 15%, and the specific proportion shall be determined by the competent tax authorities.

The act of converting developed commercial houses into fixed assets occurred after June 65438+1 October1in 2008, and should not be regarded as sales. It is not difficult to see that the development of products into fixed assets is no longer treated as sales, and enterprises need to pay close attention to avoid adding unnecessary tax burden to themselves.

Third, choose diversified ways to dispose of the developed products.

Diversified ways to dispose of developed products include: selling, leasing, leasing before selling, leaseback after selling, equity investment, property right transfer, and transformation into operating assets (self-use and self-management of developed products).

When a real estate development enterprise converts part of the developed real estate into business purposes such as self-use or lease, if the property right has not been transferred, the land value-added tax will not be levied, and the income will not be listed at the time of final settlement, and the corresponding costs will not be deducted. This shows that developers who hold real estate for a long time can be exempted from land value-added tax. This factor may lead to a large number of developers selling their properties as self-sustaining in the future. Real estate development enterprises can make corresponding plans according to their own development strategies and actual conditions, reduce the tax burden of land value-added tax or postpone the tax payment time of land value-added tax. For some real estate developers engaged in commercial property development, it is necessary to change from sales type to self-sustaining type, because self-sustaining does not need to pay land value-added tax, and the rental return rate in Shenzhen is still relatively high.

If the use of self-owned real estate products is changed to self-use and self-operation, you can enjoy the tax preference of not collecting land value-added tax. It is understood that some companies may plan to leave some shops in their own hands, neither renting nor selling, so that they will not exceed the sales threshold of 85% and enjoy the appreciation of real estate. This planning idea must first obey the business planning and reality of the enterprise, and change from selling to self-use and self-management. This situation is not feasible in practical work. Secondly, we need to consider delaying the immediate payment of land value-added tax, because for real estate development enterprises, land value-added tax is still levied when the property rights of self-use houses are transferred. It is particularly noteworthy that we should not only consider the time value of funds obtained by delaying the immediate payment of land value-added tax, but also predict the risk value of funds. At the same time, we should take into account the market value of the property when it is re-transferred and the income deducted from the old house. As for how to make use of the tax incentives in the Regulations on Tax Exemption for Enterprise Merger and Transfer of Real Estate, it should be subordinate to this planning idea in principle.

Four or three withholding expenses can be deducted before tax.

Article 32 of Guo Shui Fa [2009] No.31allows three withholding fees to be deducted before tax according to law, which is more beneficial to taxpayers and breaks through the mechanical regulation of controlling taxes by votes to some extent. Except for the following accrued (payable) expenses, the actual cost shall be the taxable cost.

1. If the contract has not been finally settled and the full invoice has not been obtained, the insufficient invoice amount may be accrued on the premise of sufficient supporting information, but the maximum amount shall not exceed 10% of the total contract amount.

2 public facilities have not been built or completed, and the construction cost can be reasonably accrued according to the budgeted cost. Such public facilities must conform to the irrevocable conditions in the housing sales contract, agreement or advertisement and model, or must be built in accordance with laws and regulations.

3, should be reported to the government but not yet submitted for approval of the project construction costs, property improvement costs can be withheld in accordance with the provisions. Property improvement costs refer to property management funds, public building maintenance funds or other special funds that should be borne by enterprises according to regulations.

Five, the underground parking lot as public facilities.

When a real estate development project has an underground garage, can the parking area of the basement be included in the usable area? Some tax authorities think that it should be included in the usable area, while others think that it should not be included in the usable area.

Relevant land value-added tax policy: when real estate development enterprises convert some real estate for commercial purposes such as self-use or lease, if the property rights have not been transferred, land value-added tax will not be levied, and the income will not be listed when clearing taxes, and the corresponding costs will not be deducted.

The local tax department of a city has determined that the underground garage should be included in the practical area, and the basement cost cannot be carried forward to the sales cost at one time, but the total cost of the unit project cost of the practical area. The actual sales of parking spaces in the current period are included in the sold area, and the sales cost is carried forward, which is proportional to the sales revenue of parking spaces realized in the current period.

Guo Shui Fa [2009] No.31Article 32: Parking lots built by enterprises alone shall be accounted for separately as cost objects. The parking lot formed by underground infrastructure will be treated as public supporting facilities.

Six, choose a favorable value-added accounting method

A development project includes both ordinary houses and commercial houses. In the aspect of real estate development cost accounting, it is usually based on the construction project undertaken by a single building or builder. How to calculate the land value-added tax has different understandings in tax practice. Because of the complexity of calculating deduction items, there are two calculation methods: first, calculate according to basic accounting items, then allocate deduction items according to income or region, and then calculate according to regulations. Different calculation methods will produce very different results.

Calculation method 1: Land value-added tax is calculated separately for residential and commercial buildings.

Calculation method 2: Land value-added tax is calculated by combining residential and commercial buildings.

The Notice of State Taxation Administration of The People's Republic of China, Ministry of Finance of People's Republic of China (PRC) on Some Specific Issues Concerning Land Value-added Tax (Caishuizi [1995] No.048) stipulates that taxpayers who build ordinary standard houses and engage in other real estate development shall separately account for the value-added amount. If the value-added amount is not separately accounted for or cannot be accurately accounted for, the tax exemption provisions in Item (1) of Article 8 of the Regulations cannot be applied to ordinary standard houses built by taxpayers (that is, if the value-added amount does not exceed 20% of the deduction, the value-added tax shall be exempted).

The document requires separate accounting for the value-added amount, but there is no specific requirement on how to calculate it. If the cost of the condominium developed by real estate development enterprises must be charged according to different purposes (the accounting of income can be accurate to each owner), or the process of charging itself is a process of sharing costs and expenses, which is difficult to accurately grasp, it is impossible. In practical work, no accountant in a development enterprise accounts for costs and expenses at different levels. The first calculation method is separate accounting, or apportionment accounting, which is in line with the spirit of Caishuizi [1995]048. The second calculation method takes the whole building as the accounting object.

Article 8 of the Detailed Rules for the Implementation of the Provisional Regulations on Land Value-added Tax in People's Republic of China (PRC) stipulates that the land value-added tax shall be calculated on the basis of the most basic accounting items or accounting objects of taxpayers' real estate cost accounting. This provision is consistent with the calculation method of land value-added tax in calculation method 2. From the legal point of view, tax laws and regulations are higher than tax laws and regulations and normative documents, so calculation method 2 is desirable. It should be noted that taxpayers who build ordinary standard houses and engage in other real estate development, if the value-added rate calculated according to the second method does not exceed 20%, should share the cost of the non-ordinary houses in accordance with the provisions of the tax law and calculate the corresponding land value-added tax.

Article 1 of the Notice of State Taxation Administration of The People's Republic of China, People's Republic of China (PRC) on Strengthening the Management of Land Value-added Tax Liquidation of Real Estate Development Enterprises stipulates: "Land value-added tax is calculated by the most basic accounting items or accounting objects of taxpayers' real estate cost accounting, and its accounting items or accounting objects refer to the development projects approved by the real estate authorities. In principle, land value-added tax shall be liquidated separately according to different types of real estate developed by taxpayers. "The' liquidation' mentioned here is to calculate the value-added rate according to the accounting object, that is, the second method, to determine the land value-added tax rate, to determine the exempted objects, and then to share the relevant costs and expenses among different types of real estate, and to liquidate the payables respectively.

Seven, make full use of the deduction policy

The Detailed Rules for the Implementation of Land Value-added Tax stipulates that taxpayers engaged in real estate development are allowed to deduct 20% of the sum of the amount paid when obtaining the land use right and the real estate development cost.

The collection of indirect development expenses in the land value-added tax deduction project is a point worthy of attention in enterprise planning. Indirect development expenses refer to the expenses incurred in directly organizing and managing development projects, including wages, employee welfare expenses, depreciation expenses, repair expenses, office expenses, utilities, labor protection expenses, amortization of swing space, etc. According to the detailed rules, the indirect development expenses belong to the expenses of land development, new housing construction and supporting facilities, which should be fully included in the deducted project amount and effectively deducted when calculating the land value-added tax. At the same time, the policy also stipulates that real estate enterprises can enjoy an additional deduction of 20% for this part of the expenses. Because the boundary of these contents is not very clear, it is easy to include this part of the cost in management expenses or sales expenses in accounting treatment. According to the detailed rules for the implementation of land value-added tax, management expenses and sales expenses are deducted within 5% of the sum of land use right and development land, new houses and supporting facilities (or financial expenses, sales expenses and management expenses are deducted within 10% of the sum of land use right and development land, new houses and supporting facilities). If the sum of management expenses and sales expenses exceeds this limit, the development indirect expenses of management expenses and sales expenses in Wujin cannot be deducted completely when calculating the land value-added tax, and the land value-added tax will be overpaid. If these expenses are correctly collected into the development indirect expenses, they can not only be deducted in full, but also enjoy an additional deduction of 20%. Therefore, enterprises should be cautious and make full use of tax policies when collecting indirect costs for development.

Eight, clever use of special deduction clauses

The Detailed Rules for the Implementation of the Provisional Regulations on Land Value-added Tax stipulates that "if the interest expenses in financial expenses can be calculated and apportioned according to the transferred real estate projects and provided with the certificate of financial institutions, they can be deducted according to the facts, but the maximum amount shall not exceed the amount calculated according to the loan interest rate of similar commercial banks in the same period. Other real estate development expenses shall be deducted within 5% of the sum of the amounts calculated in Items (1) and (2) of this article. If the interest expense cannot be calculated according to the transferred real estate project or the financial institution certificate cannot be provided, the real estate development expense shall be deducted within 10% of the sum of the amounts calculated according to items (1) and (2) of this article.

In practice, the "real estate development expenses" calculated by the above two methods are inevitably different. Because the interest allowed to be "deducted according to the facts" in the first method is not necessarily equal to 5% of the "total amount" in the second method (that is, the increased part due to the inclusion of interest expenses). If the enterprise carries out tax planning, it needs to compare the two levels and choose a corresponding method with higher interest deduction as the final choice of the enterprise. If the interest expense of "fact deduction" is higher, the first method should be chosen to calculate the interest expense separately; Otherwise, the latter method shall be chosen, and all expenses shall be deducted by 10% of the "total amount".

The key for an enterprise to judge whether to provide a certificate from a financial institution lies in the proportion of interest expenses that can be deducted to the development cost stipulated in the tax law. More than 5%, it is more favorable to provide proof; If it does not exceed 5%, it is more advantageous not to provide proof. Accordingly, enterprises mainly rely on debt financing, and interest expenses account for a relatively large proportion. They should provide loan certificates from financial institutions and include interest expenses in real estate development expenses. On the contrary, if we mainly rely on equity capital to raise funds, we can use another method.

Nine, choose a favorable land cost allocation method.

Guo Shui Fa [2009] No.31Article 30 The following costs of an enterprise are allocated according to the following methods: Land costs are generally allocated according to the land occupation method. If it is really necessary to combine other methods for distribution, it should be agreed with the tax authorities. Land development and real estate development are linked at the same time, which is to acquire land at one time and develop real estate by stages. With the approval of the tax authorities, the cost of land development can be shared according to the overall budget cost of land, and then adjusted after the overall development of land is completed.

Example: ×××× Shangdu development land area136,500 square meters (88,600 square meters in Phase I and 47,900 square meters in Phase II), land price fee125,490 yuan, and amortized land price in Phase I is 996,543,800 yuan. The calculation method of land price cost allocation in the second stage can be selected as follows:

A. Calculate the amortized unit land cost (residual amortization) according to the reduced area and cost in the first phase.

(125.49 million yuan-991400,000 yuan)/47,900 square meters =550. 10 yuan/square meter.

B. Calculate the amortized unit land cost according to the actual area (average amortization).

125.49 million Yuan/136,500 m2 * 47,900 m2 =9 19.34 Yuan/m2.

C. Difference of unit land cost between two calculation methods of land price cost allocation:

364.24 yuan (550. 10 yuan/m2 -9 19.34 yuan/m2).

The above-mentioned method for calculating the land cost of amortized units according to the area method shall be apportioned after approval by the competent tax authorities.

The above are several common methods of land value-added tax planning. In practice, taxpayers should analyze specific problems and use tax policies flexibly. Its premise should be to reasonably save taxes and reduce the tax burden without violating the law, so as to reduce the tax risk and find a planning space that does not violate the tax law. Increase after-tax profits and maximize enterprise value. In a word, there are many ways of tax planning for real estate enterprises, but all of them must be legal, operable and can bring practical benefits to enterprises.