How to calculate taxes on commercial apartment transactions?

The calculation method for commercial apartment transaction taxes is as follows:

Stamp tax: Each party to the transaction pays 0.025 of the total purchase price.

The tax composition of the apartment:

1. Deed tax: calculated based on the transaction price of the apartment and the levy ratio of the deed tax;

2. Value-added tax: If the apartment If it is sold within two years of purchase, value-added tax may be required;

3. Personal income tax: one of the taxes that may be involved in selling an apartment, which varies according to the seller’s tax status and the time the property is held. ;

4. Stamp duty: Both parties to the transaction pay according to the specified proportion according to the contract amount;

5. Land value-added tax: The added value obtained from the sale of the apartment may be subject to land value-added tax;

6. Transaction fees: including fees charged by the real estate trading center, etc.

To sum up, the stamp duty part of the commercial apartment transaction tax is calculated by both parties to the transaction paying a fee of 0.025 based on the total purchase price. This is what both parties need to agree on during the transaction. tax costs borne.

Legal basis:

"Provisional Regulations of the People's Republic of China and State Deed Tax"

Article 1

In the People's Republic of China* **When the ownership of land or houses is transferred within the territory of the People's Republic of China, the units and individuals who bear the deed tax shall pay the deed tax in accordance with the provisions of these regulations.

Article 3

The deed tax rate is 3-5. The applicable tax rate for deed tax shall be determined by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government within the range specified in the preceding paragraph in accordance with the actual conditions of the region, and shall be reported to the Ministry of Finance and the State Administration of Taxation for filing.

Article 4

The basis for calculating deed tax: (1) The transaction price is the transaction price for the transfer of state-owned land use rights, the sale of land use rights, and the sale of houses; (2) the transaction price for land use rights Donations and house donations shall be determined by the expropriation authority with reference to the market price of land use rights sales and house sales; (3) Land use rights exchange and house exchange shall be the difference in the price of the exchanged land use rights and houses. If the transaction price in the preceding paragraph is obviously lower than the market price without justifiable reasons, or if the difference in price of the exchanged land use rights or houses is obviously unreasonable and without justifiable reasons, the expropriation authority shall refer to the market price for verification.

Article 5

The amount of deed tax payable shall be calculated and levied in accordance with the tax rate stipulated in Article 3 and the tax calculation basis stipulated in Article 4 of these Regulations. The formula for calculating the tax payable: tax payable = tax calculation basis multiplied by the tax rate. The tax payable is calculated in RMB. If the transfer of land or house ownership is settled in foreign exchange, it shall be converted into RMB based on the central parity of the RMB market exchange rate announced by the People's Bank of China on the date when the tax liability occurs.

Article 8

The time when the tax liability for deed tax occurs is the day when the taxpayer signs the land or house ownership transfer contract, or the taxpayer obtains other rights transfer rights for the land or house. The day on which the contract nature certificate is issued.

Article 9

The taxpayer shall, within 10 days from the date when the tax liability arises, make a tax declaration to the deed tax collection authority where the land and house are located, and submit the tax declaration to the deed tax collection authority for approval. Pay taxes within the deadline.

Article 11

Taxpayers shall present the deed tax payment certificate and other prescribed documents and materials to the land management department and real estate management department in accordance with the law to handle changes in the ownership of land and houses. Registration procedures. If the taxpayer fails to issue a deed tax payment certificate, the land management department and the real estate management department will not handle the registration procedures for changes in ownership of land and houses.

"Urban Real Estate Transfer Management Regulations"

Article 7

Real estate transfer shall be handled in accordance with the following procedures: (1) The parties to the real estate transfer sign a written transfer contract (2) The parties to the real estate transfer shall, within 90 days after the signing of the real estate transfer contract, apply to the real estate management department where the real estate is located with the real estate ownership certificate, the legal certificate of the parties, the transfer contract and other relevant documents, and declare the transaction price; (3) Real estate The management department will review the relevant documents provided and make a written reply within 7 days on whether to accept the application. If no written reply is made within 7 days, it will be deemed to be accepted; (4) The real estate management department will verify the declared transaction price and make a decision as necessary. Conduct on-site inspection and evaluation of the transferred real estate; (5) The parties to the real estate transfer shall pay relevant taxes and fees in accordance with regulations; (6) The real estate management department shall handle the registration procedures for house ownership and issue a real estate ownership certificate.