“Tightening” real estate transfer tax, increasing revenue by VND 222 billion in 15 days
Responding to questions from the National Assembly deputies on issues related to real estate transfer tax solutions, Finance Minister Ho Duc Phuc said that the Ministry of Finance had actively directed the tax authorities, as well as such as coordinating with local governments and ministries to collect real estate transfer tax in accordance with the transfer price.
It is known that in the past time, the General Department of Taxation has strengthened coordination and advice on policy development, in which, focusing on researching and synchronously amending and supplementing legal documents on tax. related to the basis for calculating personal income tax, registration fee and corporate income.
In addition, implementing the direction of the Ministry of Finance, the General Department of Taxation has advised the Ministry of Finance to supplement regulations on payment via banks for real estate transfer in Article 16 of the Law on Real Estate Business No. 66 /2014/QH13 dated 25/11/2014. At the same time, it is recommended to add the investigation function to the tax authorities.
For tax management, the General Department of Taxation has issued many official documents directing the entire industry, and at the same time promoting many tax management solutions in the real estate sector such as coordinating with agencies and sectors in land management. , especially the work of coordinating with local police agencies to coordinate in investigating and handling violations of tax evasion and avoidance of real estate tax, causing loss of state budget revenue.
The General Department of Taxation has directed tax authorities at all levels to focus on strengthening propaganda and dissemination of legal policies, especially the content of regulations on tax evasion and handling of violations against tax evasion. tax evasion in the criminal law and tax policy related to business activities, real estate transfer for people and businesses to know.
Regarding tax inspection and examination, strengthen coordination in organizing inter-sectoral inspection and examination. Focusing on building thematic inspection – examining subjects and examining official duties in the field of notarization and tax management for real estate transfer activities at Tax Sub-departments to detect tax evasion and fraud tax fraud related to real estate business, tax assessment, tax arrears and penalties for tax administrative violations in accordance with law.
The General Department of Taxation specifies 3 tricks to “dodge” the transfer tax
Previously, the General Department of Taxation has directed tax authorities at all levels to coordinate with local police authorities to transfer the police to investigate cases with signs of tax evasion, failure to declare, or declaring prices. on the contract, the invoice is lower than the actual transfer price.
Through the fight against tax evasion and tax avoidance related to real estate transfer, the tax industry has discovered 3 basic tricks and tricks:
First, In fact, there are cases of real estate transfer at the price shown in the contract which is not the same as the actual transaction price. Accordingly, two types of contracts can exist in parallel:
(1) The real estate transfer contract is notarized and authenticated according to regulations with the declared house price much lower than the actual land price of the transaction in order to carry out the procedures for registration of changes;
(2) A handwritten contract signed by both parties and recorded at the actual transaction price to prevent disputes in court. In fact, there are many cases where the new application won the land auction after obtaining the certificate of resale contract at a much lower price than the auction winning price or equal to the price of the People’s Committee.
Second, for a contract for the transfer of a contract to buy and sell houses and construction works to be formed in the future, the value of the contract for the sale of future houses and construction works of the 2nd party to the 3rd party is only equal to that of the contract. equal to the purchase price of the investor or when the book is issued, the taxpayer is willing to declare lower than the investor’s price, in order to evade tax and avoid tax.
Tuesday, The two parties buying and selling real estate transfer do not sign a transfer contract but sign an authorization contract (in which the authorized person has the right to possess, use, and dispose of the property) in order to avoid PIT from real estate transfer.
at Blogtuan.info – Source: cafebiz.vn – Read the original article here
