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On the LAT settlement

Author: LinYouJin From: www.yourpaper.net Posted: 2010-06-21 21:58:56 Read:
Paper Keywords: tax administration LAT liquidation method
Abstract: LAT is one of the main taxes in real estate development enterprises, as important as the business tax and enterprise income tax, due to a greater impact on corporate profits, and therefore strengthen LAT liquidation the planning is even more important. This paper mainly analyzes the LAT collection characteristics of the settlement terms, sales revenue recognition, product development tax deduction of the cost of the audit, and the liquidation would take preferential policies for tax relief.
Land value-added tax is a tax levied on units and individuals are compensated transfer of state-owned land use rights and buildings on the ground, and other fixtures of property rights and value-added income. Account for a large proportion in the composition of the tax burden on real estate development enterprises, LAT, a greater impact on the profits of an enterprise, is the main taxes to real estate development enterprises, and thus its planning is essential. LAT based on the added value achieved by the transfer of real estate to calculate the value added tax for the object, using the deduction method and Assessment Act, the implementation of the four level progressive tax rates levied.
Calculated as follows: LAT payable = value added applicable tax rate for the amount of deductions quick calculation deduction coefficient. Including the: value added is the balance after the taxpayer on the transfer of real estate income minus the tax law, the amount of deductions. (2) four level progressive tax rate based on the value-added accounted for less determine the proportion of the project amount. The lowest tax rate of 30% and a maximum rate of 60%, the tax burden is higher than the corporate income tax. For example, the value added does not exceed 50% of the amount of deductions, the tax rate for 3O%.
Due to the characteristics of the progressive rates as the higher, the higher the rate of value-added part of the applicable tax rate. In order to avoid the high tax burden, companies must do everything possible to reduce the value added, thereby reducing the value-added rate to avoid the application of high tax rates. Explained now following the liquidation of the specific method.
l understand the definition of self-liquidation and require liquidation LAT
(1) The taxpayer meets one of the following conditions should conduct its own settlement of LAT: (1) real estate development project completed, the completion of the sale; not final account of the overall transfer of real estate development projects; The direct transfer of land use rights .
(2) one of the following conditions are met, the competent tax authorities may require the taxpayer to settle the LAT: (1) has been completed in the acceptance of the real estate development projects, the transfer of real estate construction area of ??the entire project proportion of salable GFA 85 % or more, or the proportion although not more than 85%, but the remaining salable GFA has been leased or private use; the achieved sales (pre-sale) license for three years yet sold out; taxpayers to apply for cancellation of tax registration but not handle the LAT settlement procedures; provinces (autonomous regions, municipalities, separately listed cities) required by tax authorities of other circumstances.
items listed in the preceding case before canceling its registration to settle the LAT.
2 correctly determine the liquidation tax units
Real estate development enterprise during LAT liquidation, should be based on the relevant state departments for approval, the filing project units liquidation: for the phased development of the project, the units should be phased projects liquidation; should be calculated separately for different types of real estate value-added the amount of the added value of the LAT. Stage development projects or the development of multiple projects at the same time, be different during different projects related revenues, costs, expenses, reasonable imputation.
Carefully examine the authenticity of the sales revenue
Enterprises should be based on the sales invoice, sales contract (including housing management departments online filing registration information), real estate sales (pre-sale) license, real estate sales of household schedules and other relevant information, to develop sales schedule: sales area of ??the project can be sold area of ??data difference verify: real estate area set out in the sales contract is inconsistent with the relevant departments of the actual measurement area, and the occurrence of complement, the Tui Fangkuan income adjustments check its authenticity; assessment of the sales price, the audit.
4 seriously audit tax deductible items
(1) In accordance with the notice of the State Administration of Taxation on the management issues related to the liquidation of real estate development enterprises LAT "[State Administration of Taxation (2006) 187] Article first paragraph:" The amount deducted to obtain land use rights paid real estate development costs, fees and required to provide a legal and valid evidence; connection with the transfer of the real estate taxes, can not provide legal and valid evidence, shall not be deducted. land acquisition and relocation compensation fee. In order to obtain the land development and the right to use (or development rights) occurred costs, including land acquisition costs, farmland occupation tax, deed tax, net expenditure of labor placement fee and the ground, underground attachments demolition compensation and resettlement relocation space spending. Legal and valid evidence: the land fees receipts, bills of administrative institutions, transfer of intangible assets invoices, tax receipts, service invoices, agreements, construction and installation invoices, non-operating income special invoices. preliminary engineering fees. Refers to projects developed pre hydrogeological survey, mapping, planning, design, feasibility studies, preparation, the venue through equal-front costs. Legal and valid evidence: service invoices, administrative institutions paper, construction and installation invoice. (3) construction and installation costs. Occurred in the development of the project development process of the construction and installation costs.
Including installation engineering fees, construction costs and development projects of the development project. Legal and valid evidence: in addition to industrial and commercial invoice purchase windows and doors and elevators, supervision fees should provide service invoices, and other construction and installation must provide invoices. infrastructure costs. Development projects in the development process of the infrastructure spending, the main development projects of roads, water supply, power supply, gas supply, sewage, drainage, communications, lighting and other community pipe network construction cost and environmental sanitation, gardens Green garden environmental engineering fees. Legal and valid evidence as follows: non-taxable activities provide administrative institutions bills, and other construction and installation must provide invoice. public facilities fees: development projects, independent, non-profit, and property belonging to all of the owners, or the free gift of public facilities expenditures of the local government units of government utilities. Legal and valid evidence: the electric doors, intelligent systems, newspaper boxes, street light facilities, fitness facilities can provide industrial and commercial invoice, non-taxable activities provide administrative institutions bills, and other construction and installation must provide invoice. (6) the development of indirect charges. Refers to direct the organization and management of development projects, and can not be attributed to a specific cost object cost expenditure. Mainly include management salaries, employee benefits, depreciation expenses, repairs and maintenance, office expenses, utilities, labor protection, project management fees, turnover Housing amortization as well as the construction of the project marketing facilities fees. Legal and valid evidence: industrial and commercial invoices, construction and installation invoices, payroll, bills of non-taxable activities provide administrative institutions. with the transfer of real estate taxes. Refers to the transfer of real estate to pay the business tax, urban maintenance and construction tax and education surcharges, must be duty paid (fee) certificate.
(2) in the process of audit deductions precautions: calculate the amount of deductions, the actual expenditures shall be no deduction shall be made but did not obtain legal credentials. (2) deduction of all costs and expenses of the project amount imputation must actually occur. Such as relocation compensation fee does not necessarily need to obtain a tax invoice, but stressed that is actually happening, especially paid to the the personal relocation compensation, relocation (move back) contract and sign roster or sign the certificate is a one-to-one correspondence. amount of deductions should be accurate deductions imputation should not be confused. This requires the correct distinction between development costs and development costs, the tax authorities will never allow the development costs are included in the development costs of preliminary engineering fees, and indirect costs of infrastructure costs and asked. net of the costs and expenses of the project amount imputation must be directly or liquidation project development should be apportioned. taxpayer stage development projects or develop multiple projects at the same time or the same project, the construction of different types of real estate, in accordance with the target beneficiaries, using a reasonable method of allocation, sharing common costs. Particularly in the construction and installation invoice should be issued by the local tax authorities in the project. adjust interest expense from the cost of real estate development to development costs. The land value-added tax law, interest expense should be calculated separately, and not included in the development costs, more shall not be counted in the base for additional deduction. for the same type of issues, should adopt the same accounting policies or treatment. Accounting inconsistent tax treatment, the tax treatment of the provisions shall prevail.
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