What are the main tax planning of commercial real estate?

Among the taxes stipulated in China's tax law, the taxes involved by real estate development enterprises are: cultivated land occupation tax, urban land use tax, business tax, urban maintenance and construction tax, enterprise income tax, land value-added tax, property tax, deed tax and stamp duty, accounting for 4 1% of China's taxes. At present, China's real estate enterprises pay business tax at 5% of sales revenue, urban construction tax is 65438+ 0%-7% of business tax, stamp duty is 0.3% of business tax, enterprise income tax is 25% of total profits, and urban land use tax is 65438+ 0.2%- 10 yuan/square meter. Land value-added tax is levied at a progressive rate, deed tax is paid at 3%-5% of the transaction amount, and there are other things such as farmland occupation tax, vehicle and vessel use tax and so on. If these things are comprehensively calculated, the tax burden of real estate enterprises can reach more than 10%.

1. Tax planning of financing link

At present, the development funds of most real estate enterprises come from loans from financial enterprises, which have the characteristics of large amount of funds, long loan period and high interest expenses. Appropriate interest deduction methods can be used for tax planning of loan interest. On the one hand, for the interest expenses before the completion of real estate development, the loan interest before the completion can be included in the development cost and can be used as the deduction base for calculating the real estate development expenses (period expenses). In particular, enterprises engaged in real estate development and management can also deduct 20% according to the sum of the amount paid for obtaining land use rights and the cost of real estate development. This can greatly increase the deduction items, reduce the value-added amount, reduce the tax burden from the tax base and tax rate, and increase the net income. On the other hand, if the interest expenses after the completion of real estate development can be calculated and apportioned according to the transferred real estate project and the financial institution certificate is provided, it is allowed to be deducted according to the facts, but the maximum amount shall not exceed the amount calculated according to the loan interest rate of commercial banks for the same period; If the interest expense cannot be calculated according to the transferred real estate development project or the financial institution certificate cannot be provided, the real estate development expense shall be deducted within 65,438+00% of the sum of the price paid for obtaining the land use right and the real estate development cost. Accordingly, enterprises can choose: the purchase of real estate mainly depends on debt financing, and if the interest expenses account for a high proportion, they can provide proof from financial institutions and deduct them according to the facts; On the other hand, if you mainly rely on equity capital to raise funds, the interest expense is very small, so you can deduct more real estate development expenses and maximize the enterprise value.

2. Tax planning of construction links

Because the construction industry applies the proportional tax rate of 3%, the tax burden is low, while the land value-added tax applies the four-level progressive tax rate of 30% ~ 60%, and the tax burden is obviously heavier than the former. If the income is the same, of course, the former is more conducive to maximizing the income. Therefore, if the real estate development company can identify the end users at the beginning of development, it can completely adopt the method of building houses instead of the post-development sales method with heavy tax burden. This planning method can be that the real estate development company obtains the land use right and purchases all kinds of materials and equipment in the name of the user, or it can be obtained and purchased by the customer through negotiation, as long as the real estate right has not been transferred in the final form. In order to make the planning more smooth, real estate development companies can reduce the amount of income from the nature of construction services in order to obtain the cooperation of customers. Because the real estate development company can save a lot of taxes through this scheme, it is also possible to earn some profits for customers, and this will also make all aspects of housing meet the requirements of customers, and low prices can also enhance the market competitiveness of enterprises. Another way to build a house is cooperative building. According to the provisions of China's tax law, if one party goes out of the land and the other party contributes, and the two parties cooperate to build a house, which will be divided into houses for personal use after completion, the land value-added tax will be temporarily exempted. Real estate development enterprises can also make good use of this policy. For example, when a real estate development enterprise purchases the right to use a piece of land to build a house, it can prepay the purchase price of the buyer as the fund for cooperative housing. In this way, it formally meets the conditions that one party pays the land and the other party pays the funds. Generally speaking, the proportion of land payment in a house should be relatively small, so that real estate development enterprises will get fewer houses, and most of them will be shared by users who use funds for their own use. In this way, before the real estate development enterprises sell the remaining houses, all parties do not have to pay the land value-added tax, and only when the real estate development enterprises transfer some houses they own after completion will they pay the land value-added tax on this part. Adopt the cooperative housing model of establishing joint ventures. The so-called cooperative housing construction means that one party provides the land use right, the other party provides funds, and the two parties cooperate to build a house. There are two ways: the first is "barter", that is, both parties exchange their land use rights and house ownership, so that both parties have the ownership of some houses. But in this way, land use rights and real estate transfer will pay business tax; When the two parties sell the house they will share, they will also pay business tax and land value-added tax, the latter being heavier. The second is to establish a "joint venture company", that is, one party establishes a joint venture company with land use rights, and the other party establishes a joint venture company with monetary funds to cooperate in building houses. There are two ways of profit distribution: one is that after the house is completed, both parties bear risks and enjoy benefits; Second, the two sides allocate houses according to a certain proportion. The tax burden under the two methods is also different. According to the current business tax law: since June 5438+1 October1day, 2003, intangible assets and real estate will be used to invest, participate in the profit distribution of investors and share the investment risks, and no business tax will be levied. Therefore, under the first distribution mode, the joint venture parties only need to pay business tax and land value-added tax when selling houses abroad. Under the second distribution method, if the two parties share their own houses in proportion after the completion, the land value-added tax will be temporarily exempted according to the current tax law; However, the party contributing the land use right cannot enjoy the policy of exempting the business tax from transferring intangible assets. Visible, in the case of the same income and expenses, the parties to the cooperative housing set up a joint venture, after the completion of the housing risk * * *, benefit * * enjoy the least tax burden. It must be noted that since both parties to the joint venture were established for the purpose of tax planning and did not engage in foreign business, only the investment was not sold and there was no profit, so the joint venture was unnecessary. Therefore, the way to save taxes is to liquidate the joint venture company after the house is completed and distribute the house as income to both parties.

3. Sales tax plan

Planning of out-of-price expenses: the tax basis of business tax is turnover, that is, all out-of-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.

Plan by defining reasonable income items: business tax and land value-added tax are important taxes involved in the sales link of real estate enterprises, and the prelude to the sales link is to sign a contract. The key of tax planning is to reduce tax burden by delineating reasonable income items and reducing tax rate and tax base without reducing income. Specifically, there are the following skills:

(1) If a real estate enterprise sells a renovated house, if the house price and decoration price are included in the income from selling the house, then the decoration price will not be calculated and certified as business tax according to the tax rate of 3% in the construction industry, and the decoration price will also become a part of the value-added amount when calculating and certifying the land value-added tax. Therefore, enterprises should separate the house price from the decoration price, and sign two contracts with the buyers, one is the house sales contract, and the other is the house renovation contract. In the case of constant total income, pay 5% business tax according to the sales price of the house and pay land value-added tax according to the value-added amount; The decoration price belongs to labor income, and the construction industry only calculates the business tax at the rate of 3%, and does not need to pay land value-added tax. At the same time, it can also reduce the deed tax that buyers should pay.

(2) If the houses sold by real estate development enterprises contain some facilities, the office equipment, electrical appliances and other parts inside the houses that can be priced separately should be separated from the whole real estate value. Sign a house sales contract with the buyer, and sign a contract for the sale of ancillary facilities at the same time, reducing or exempting the house sales price and the payable business tax and land value-added tax.

(3) If a real estate development enterprise signs an equipment installation contract with a property buyer, according to the current business tax law, if the equipment value is the output value of the installation project, the equipment price should be included in the turnover to pay business tax. Enterprises can negotiate with the labor service provider, and the labor service provider will purchase the equipment and sign the contract, and only charge the installation labor fee. In this way, enterprises only need to pay 3% business tax on labor costs.

Planning by using the preferential policy of "starting point" of land value-added tax: According to the Provisional Regulations of People's Republic of China (PRC) on Land Value-added Tax, taxpayers who build and sell ordinary standard houses whose added value does not exceed 20% of the deducted project amount are exempted from land value-added tax. This special threshold provides conditions for tax planning of land value-added tax. When applying this policy to tax planning, we should pay attention to three points:

(1) The houses built by enterprises must be residential houses that meet the local ordinary residential standards.

(2) The value-added of the houses sold shall not exceed 20% of the deduction items. When the value-added accounts for about 20% of the deduction items, the tax burden will jump sharply. Enterprises should pay close attention to the impact of tax costs on profits and cash flow.

(3) For real estate enterprises that build ordinary standard houses and engage in other real estate development, their added value should be accounted separately; If the value-added amount cannot be accounted separately or accurately divided, the standard of ordinary houses built by it cannot enjoy tax preferential treatment.

4. Daily business tax planning

Real estate enterprises need to trade with other enterprises from the transfer of land use rights to the completion of real estate sales, such as capital lending, cooperative development, investment and shareholding. At the same time, real estate enterprises will reorganize the enterprise framework due to daily business needs, such as setting up project companies, sales companies, company division and merger. In these daily business activities, tax issues are involved. Because different business activities are carried out in different ways, the tax burden is different. Therefore, we can realize legal and reasonable tax saving and reduce the tax burden of enterprises through scientific and reasonable management methods:

(1) Tax planning of different investment methods

According to China's current tax law, different tax items and tax rates involved in investment income, operating income and interest income will lead to different tax burdens corresponding to the same investment income. Therefore, out of the pursuit of tax saving benefits, we can achieve the effect of tax planning by converting different types of income. For example, Company A has 3 million idle funds and wants to cooperate with A real estate development company B. As for the mode of cooperation, it is very particular. After all, the way of cooperation will directly have a decisive impact on the tax activities of the cooperation income obtained by Company A in the future. Company A can cooperate with Company B in three ways: the first way is to directly invest 3 million yuan to develop real estate with Company B; The second is to lend 3 million yuan to Company B through financial institutions to participate in real estate development; The third is to participate in real estate development through investment.

Suppose that Company A withdraws from the real estate development project after 1 year and obtains 600,000 yuan in cash after negotiation with Company B. Under the first method, the income of 600,000 yuan is divided into profits according to the provisions of the tax law. As a result of the contribution of Company A, its income does not share any cost. When the company shares 600,000 yuan, it is equivalent to the company transferring its own part of the jointly developed real estate to Company B at the transfer price of 3.6 million yuan. The transfer income needs to pay business tax and additional and real estate sales enterprise income tax. Among them, business tax and surcharges are 6,543,800 yuan, enterprise income tax is 6,543,800 yuan, and after-tax income is 269,300 yuan. In the second way, suppose that Company A lends Company B 3 million yuan through financial institutions, and the interest rate is 5%. 1 year later, Company A also recovered 600,000 yuan. As interest income, financial business tax and additional 33,000 yuan, enterprise income tax 187 1 10,000 yuan and after-tax profit of 379,900 yuan should be paid. In the third case, the dividend will be 600,000 yuan after the property is sold. Because the tax rates of Company A and Company B are the same, the after-tax profit of Company A is 600,000 yuan, which means that the economic benefit of Company A is 600,000 yuan. Judging from the above three investment methods, the third one has the lightest tax burden, but it has to bear operational risks, and Company B is not responsible for repaying the principal. Compared with the second investment method, the first investment method has a heavier tax burden, but Company A directly participated in real estate development projects and gained development experience. In practice, because operating income, interest income and dividend income can be transferred to each other in income nature, enterprises can determine the mode of business investment in combination with the actual situation and needs of their own companies to reduce tax burden.

(2) Tax planning of cooperative housing.

According to Guo Shui Fa [1995] 156, cooperative housing refers to the behavior that one party provides the right to use the land and the other party provides funds for cooperative housing. If enterprise A has a piece of land, but lacks funds, and enterprise B has abundant funds, but suffers from lack of land, then the two sides come together and want to cooperate in building houses. What kind of cooperation mode should be adopted? According to Guo Shui Fa [1995] 156, cooperative housing can be divided into two ways: one is pure "barter", the other can be divided into two categories, one is exchange of land ownership and house ownership, and both parties have obtained the ownership of some houses. In this case, one party shall proceed according to the "transfer" in the tax item of "transfer of intangible assets". There is also a small category that uses the right to use leased land in exchange for the ownership of houses. In this case, the business tax is levied on one party according to the "service industry-leasing industry" and on the other party according to the "sales of real estate" tax item. Another way of cooperation is that one party uses the land use right and the other party forms a joint venture company with funds.

There are three modes of cooperation in establishing a joint venture: (1) After the building is completed, if both parties adopt the distribution mode of * * * taking risks and * * enjoying profits, the land use right provided by one party to the joint venture shall be subject to the business tax of "investing in intangible assets, participating in the profit distribution of investors and * * sharing investment risks", and no business tax shall be levied. The sale of real estate only taxes the income from the sale of houses by the joint venture; The profits shared by both parties are not subject to business tax.

(2) If the party providing the land use right participates in the distribution or extraction of fixed profits according to a certain proportion of sales revenue after the house is completed, it does not belong to the investment and shareholding behavior of not levying business tax as mentioned in the business tax, but the transfer of the land use right to an associated enterprise. Then, the fixed profits obtained by Party A or the income drawn in proportion from sales revenue shall be taxed as "intangible assets transfer"; The joint venture shall collect business tax according to the sales income of all houses and the tax item of "sales of real estate"

(3) After the completion of the house, if the two parties distribute it according to a certain proportion, this business behavior does not constitute the business tax of investing in intangible assets and sharing risks as mentioned in the business tax. Therefore, first of all, the land transferred by one party to the joint venture shall be taxed as "transferred intangible assets", and its turnover shall be approved according to the provisions of Article 15 of the detailed rules for implementation. Therefore, after the houses of the joint venture are allocated to Party A and Party B, if they are sold separately, they will be taxed as "selling real estate". According to the Notice of the Ministry of Finance of People's Republic of China (PRC), State Taxation Administration of The People's Republic of China on Several Specific Issues Concerning Land Value-added Tax (Caishui [1995] No.48), if an investor or a joint venture invests in real estate, the land value-added tax will be temporarily exempted when the investor or joint venture transfers the real estate to the invested or joint venture as a joint venture condition. If the above-mentioned real estate is re-transferred by investment or joint venture, land value-added tax will be levied. Therefore, Company A and Company B can establish a joint venture, take risks and enjoy profits without having to pay a high business tax of 5% or be exempted from land value-added tax. * * * Of course, it has to bear risks, which means that Company A has to bear certain operational risks.

5. Tax payment plan

Generally speaking, real estate enterprises need to pay income tax, business tax, urban maintenance and construction tax, education surcharge, land value-added tax, property tax, urban land use tax, urban property tax, stamp duty, deed tax and so on. Tax planning according to tax types is mainly carried out through tax reduction and exemption policies, vague, selective and quantitative provisions of tax laws, and tax saving can also be carried out through tax base, tax rate and tax evasion. Provisions on tax reduction and exemption for various taxes shall be stipulated separately in the provisional regulations for various taxes. The taxes that real estate enterprises need to bear are mainly business tax and enterprise income tax. The 5% business tax, education surcharge and urban construction on this basis are all levied according to the sales of enterprises, so there is little room for tax saving.

(1) enterprise income tax planning

According to the Provisional Regulations of People's Republic of China (PRC) on Enterprise Income Tax, enterprises or organizations that carry out independent economic accounting within the territory of China shall pay enterprise income tax on their production, business income and other income. Therefore, the income of real estate enterprises engaged in real estate development and other business activities is the object of enterprise income tax collection, including dividends, interest, rent, various asset transfers, royalties and other income generated by foreign investment. At present, the corporate income tax of domestic real estate enterprises is 25%.

Tax planning of enterprise income tax can make use of preferential tax policies, such as choosing preferential industries to enjoy tax reduction and exemption, choosing preferential registration places to enjoy tax reduction and exemption, or through tax planning composed of taxpayers, such as setting up subsidiaries to enjoy preferential tax rates. Since the subsidiary is an independent legal person, if it is profitable, its profits cannot be merged into the profits of the parent company, and it should be paid as an independent taxpayer. When the local tax rate of subsidiaries is low, subsidiaries can pay less corporate income tax, which makes the overall tax burden of the company lower. However, if a branch company is established, the above-mentioned planning effect cannot be achieved, because the branch company is not an independent legal person, and its profits can only be merged into the parent company to pay enterprise income tax. No matter what the tax burden of its location is, it cannot increase or decrease the overall tax burden of the company.

The current laws and regulations for adjusting the income tax of real estate enterprises are mainly the Provisional Regulations on Income Tax and its implementation rules, and the Measures for Pre-tax Deduction of Enterprise Income Tax, which are applicable to all kinds of enterprises. The specific tax basis applicable to real estate enterprises is the Notice of People's Republic of China (PRC) State Taxation Administration of The People's Republic of China on the Collection of Enterprise Income Tax for Real Estate Development Business (Guo Shui Fa [2006] No.3 1 June 2006), which was implemented on June 65438+1October 2006, while the Notice of People's Republic of China (PRC) State Taxation Administration of The People's Republic of China on the Collection of Enterprise Income Tax issued in 2003

Since Guo Shui Fa [2006] No.3 1 was implemented on June 65438+ 10/day, 2006, the contents of this document are mainly introduced.

Compared with document No.83 [2003], document No.31of the State Administration of Taxation [2006] made two adjustments: first, the estimated operating profit rate of pre-sale income was revised to the estimated taxable gross profit rate; Second, according to the nature of the development project, the development products are divided into affordable housing and non-affordable housing, and the estimated taxable gross profit margin of the pre-sale income of affordable housing projects is not less than 3%; For non-affordable housing projects, the estimated taxable gross profit rate of pre-sale income is determined according to different regions, among which, the provincial capital cities and cities and suburbs with separate plans are not less than 20%, the cities and suburbs of prefecture-level cities are not less than 15%, and other regions are not less than 10%.

New provisions have been made for pre-tax deduction of advertising fees, business promotion fees and business entertainment fees incurred by newly established real estate development enterprises. Guo Shui Fa [2006] No.31stipulates that the advertising expenses, business promotion expenses and business entertainment expenses incurred by newly established real estate development enterprises before obtaining the first income from selling and developing products can be carried forward to future years, but the longest period shall not exceed 3 years. There are new regulations on pre-tax deduction of interest expenses incurred in refinancing. Guo Shui Fa [2006] No.31stipulates that as long as the development enterprise can issue a certificate of obtaining a loan from a financial institution, the interest paid by its affiliated enterprises by borrowing from the development enterprise is allowed to be deducted in accordance with relevant tax regulations.

The principles of cost item accounting and pre-tax deduction are stipulated. The principle of accounting and pre-tax deduction is stipulated for major cost items such as supporting facilities, preliminary engineering, infrastructure construction, building installation and indirect development according to Guo Shui Fa [2006] No.31.

Provisions to prevent capital weakening and related party transactions have been added. Guo Shui Fa [2006] No.31stipulates that the interest paid by the sole proprietorship enterprise shall not be deducted before tax if it is lent to the sole proprietorship enterprise according to law; If it is lent to other affiliated enterprises other than wholly-owned enterprises according to law, the part of the funds borrowed by affiliated enterprises within 50% (including 50%) of its registered capital may be deducted according to the standard calculated according to the benchmark interest rate of similar loans of financial institutions in the same period; For the part exceeding 50% of the registered capital, the interest expenses incurred in excess of the burden shall not be deducted.

The completion standard of developing products is stipulated. Guo Shui Fa [2006] No.31stipulates that all products that meet one of the following conditions are regarded as completed: first, the development products (cost objects) whose completion certificates have been reported to the real estate management department for the record; The second is the development products (cost objects) that have been put into use; The third is the development product (cost object) that has obtained the initial property right registration certificate.

Restrictions on tax reduction and exemption shall be imposed on newly established real estate enterprises. Guo Shui Fa [2006] No.31stipulates that real estate development enterprises do not enjoy preferential tax treatment for newly established enterprises, and at the same time stipulates that enterprises mainly selling real estate development products (including agency sales) do not enjoy preferential tax treatment for newly established enterprises.

(2) land value-added tax planning

According to the Provisional Regulations of People's Republic of China (PRC) on Land Value-added Tax, the units and individuals who transfer the right to use state-owned land and the above-ground buildings and their attachments and earn income are taxpayers of land value-added tax and should pay land value-added tax. This tax is a special tax for the real estate market, so it is more necessary to plan the land value-added tax.

Plan according to the scope of land value-added tax.

The scope of land value-added tax collection is: the transfer of state-owned land use rights, buildings on the ground and their attachments, excluding the transfer of land use rights and real estate property rights. Therefore, the act of building a house on behalf of others on real estate should belong to labor service, and its income belongs to the nature of labor service income and does not belong to the scope of land value-added tax. Real estate development companies can use this way of building houses, determine the end users at the beginning of development, and implement targeted development to achieve the purpose of reducing tax burden and exempting land value-added tax after development.

Using the starting point of land value-added tax to carry out tax planning

The starting point of land value-added tax is: taxpayers build ordinary standard houses for sale, and the value-added amount does not exceed 20% of the amount deducted from the project, and land value-added tax is exempted. Using this provision, taxpayers should consider the relationship between the income brought by the increase in value-added and the tax burden increased by giving up the preferential treatment at the threshold when building ordinary standard houses for sale, otherwise the value-added rate will be slightly higher than the threshold, which will bring losses.

If taxpayers enjoy the preferential tax threshold. When a real estate development enterprise in an urban area builds a batch of commercial houses for sale, all allowable deductions except sales tax and surcharges are 100. When the price of selling these commercial houses is X, the corresponding sales tax and surcharges are as follows: 5.5% x (business tax 5%, urban maintenance and construction tax 7%, education surcharge 3%. ), at this time, all allowed deductions are as follows:100+5.5% X. According to the relevant provisions of the threshold, the highest selling price enjoyed by enterprises at the threshold is: x =1.2× (10015.5% x). By solving the above formula, we can know that the highest selling price at this time is 128.48, and the allowable deduction amount is 107.07 (100+5.

If taxpayers raise prices. When the value-added rate is slightly higher than 20%, the provisions of "the value-added rate is lower than 50% and the tax rate is 30%" shall apply. If the selling price at this time is128.48+Y. Because the selling price is increased by Y, the corresponding sales tax and additional and allowable deduction amount should be increased by 5.5% Y. At this time, the allowable deduction amount and value-added amount are as follows: allowable deduction amount = 107.07+5.5% Y, and value-added amount =128. Therefore, the land value-added tax payable is 30% × (94.5% y+21.41). If the enterprise wants to make the income brought by price increase exceed the new tax revenue due to breaking the threshold, that is to say, if it wants to get more profits by raising the selling price, it must make the price higher than137.34 (128.48+8.86).

Through the analysis of the above two situations: when taxpayers who are allowed to transfer real estate are allowed to deduct the project amount 100 from all their sales items except sales taxes and surcharges, setting the sales price as 128.48 is the highest price that taxpayers can enjoy the tax preferential threshold. At this price level, you can not only enjoy the care of the threshold, but also get greater benefits. If the price is lower than this figure, although you can enjoy the care of the threshold, you can only get a lower income; If you want to raise the selling price, you must make the price higher than 137.34, otherwise the income brought by the price increase will not be enough to make up for the tax burden increased by the price increase.

Increase the amount of deductions for tax planning.

The calculation basis of land value-added tax is the ratio of the value-added amount to the project deduction, that is, the value-added rate, which is calculated and levied progressively according to the applicable tax rate. The greater the value-added rate, the higher the applicable tax rate and the more taxes paid. Value-added rate = value-added amount/deduction items, so appropriately increasing the denominator, that is, deduction items, can reduce the value-added rate, apply a lower tax rate, and achieve the effect of reducing tax burden.

The tax law allows taxpayers to deduct deductions from the transfer income, including five parts: the price paid for obtaining land use rights; Real estate development cost; Real estate development expenses; Taxes related to real estate transfer; Other deduction items stipulated by the Ministry of Finance mainly refer to the 20% deduction of the sum of the price paid by taxpayers engaged in real estate development and the development cost. Among them, how to calculate the interest expenses in real estate development expenses is clearly stipulated in the Detailed Rules for the Implementation of the Provisional Regulations on Land Value-added Tax. Real estate enterprises can choose appropriate interest deduction standards for tax planning. According to the tax law, if the interest expense can be calculated and apportioned according to the transferred real estate project and the financial institution certificate is provided, it can be deducted according to the facts, but the maximum amount shall not exceed the amount calculated according to the loan interest rate of commercial banks for the same period. Other real estate development expenses shall be deducted within 5% of the sum of the price paid for land use right and the real estate development cost; If the interest expense cannot be calculated according to the transferred real estate development project or the financial institution certificate cannot be provided, the real estate development expense shall be deducted within the range of 10% of the sum of the price paid for obtaining the land use right and the real estate development cost. Accordingly, real estate enterprises can choose: if the expected interest expense of enterprises is high, the development of real estate projects mainly depends on debt financing, and the interest expense accounts for a relatively high proportion, they can calculate the interest sharing and provide financial institutions to prove the deduction; On the other hand, if you mainly rely on equity capital to raise funds and expect less interest expenses, you can not calculate the interest that should be shared, which can deduct more real estate development expenses and help maximize the value of the enterprise.

(3) enterprise tax planning

Business tax is a turnover tax levied on units and individuals that provide taxable services, transfer intangible assets or sell real estate in China. The taxable items of business tax involved in real estate enterprises include service industry, construction industry, transfer of intangible assets and sale of real estate, and the tax rate is 5%.

Extra-cost plan

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 50 million yuan was collected, and the business tax payable was 35,000 * 5% = 6,543,800+0,750,000 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. Tax savings of 2.5 million yuan.

Plans with different tax rates

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 and only signs a sales contract, the business tax is: 9000 * 50000 * 5% = 22.5 million yuan; If a company signs a sales contract based on a rough house, and another decoration company is established to sign a renovation contract with customers, the business tax is: 8000 * 50000 * 5%+1000 * 50000 * 3% = 21.5 million yuan. Save 6,543,800 yuan.

I hope the above answers are helpful to you.