Announcement of the State Administration of Taxation on Promulgating the Interim Administrative Measures for the Collection of Value-added Tax on Real Estate Transfers by Taxpayers

Announcement of the State Administration of Taxation on Promulgating the Interim Administrative Measures for the Collection of Value-added Tax on Real Estate Transfers by Taxpayers
Announcement of the State Administration of Taxation on Promulgating the Interim Administrative Measures for the Collection of Value-added Tax on Real Estate Transfers by Taxpayers

Announcement of the State Administration of Taxation [2016] No.14

March 31, 2016

The State Administration of Taxation ("SAT") has formulated the Interim Administrative Measures for the Collection of Value-added Tax on Real Estate Transfers by Taxpayers, which are hereby promulgated and become effective May 1, 2016.

The Announcement is hereby given.

Interim Administrative Measures for the Collection of Value-added Tax on Real Estate Transfers by Taxpayers

Article 1 These Interim Administrative Measures for the Collection of Value-added Tax on Real Estate Transfers by Taxpayers (hereinafter referred to as these "Measures") are formulated in accordance with the Circular of the Ministry of Finance and the State Administration of Taxation on Comprehensively Promoting the Pilot Program of the Collection of Value-added Tax in Lieu of Business Tax (Cai Shui [2016] No.36) as well as the current provisions on value-added tax ("VAT").

Article 2 These Measures shall apply to the transfer by taxpayers of the real estate obtained by them.
For the purpose of these Measures, the obtained real estate includes the real estate obtained by means of direct purchase, acceptance of donations and equity investment, self-construction, debt payment or otherwise.
These Measures shall not apply to the sale of self-developed real estate projects by real estate developers.

Article 3 The transfer of real estate by a general taxpayer shall be subject to VAT in accordance with the following provisions:
1. In case that a general taxpayer transfers the real estate (excluding the self-built real estate) obtained by it prior to April 30, 2016, it may elect to adopt the simple tax calculation method, and the balance of the obtained total consideration and other charges after the deduction of the original purchase price of the real estate or the fixed price at the time of acquisition of the real estate shall be taken as the sales amount for calculating the tax payable at a levy rate of 5%. The taxpayer shall prepay tax to the competent local taxation bureau at the place where the real estate is located according to the above tax calculation method and file a tax return with the competent SAT office at the place where the taxpayer is located.
2.
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