Buying and selling real estate “two prices” is difficult to determine the real value
Currently, the review of buying and selling real estate “two prices” is facing difficulties. One of the main reasons is that it is difficult to determine the real value of real estate at the time of purchase and sale. As a result, the amount of backlog files is increasing, causing difficulties for both people and tax authorities.
According to information from the General Department of Taxation, in the first three months of the year, tax authorities at all levels reviewed more than 60,000 organizations and individuals with “two-price” real estate transfer records, helping to collect more than 320 billion VND in the state budget. copper.
Besides the positive effect, this activity is also generating many shortcomings. For example, in the case that Mr. A transfers a land lot to Ms. B with a value of about 3 billion VND, but when submitting the tax return to the tax office, the dossier is returned. The reason is that the transfer price is lower or equal to the market price after 3 years.
According to Lawyer Tran Minh Hai, Director of Basico Law Firm, the real estate transfer price regulation is the basis for tax calculation. However, the basis for real estate appraisal is still lacking.
“The first is the market price story, the tax agency is gradually playing the role of the agency that determines the value of a real estate transaction, but there is also a lack of basis for this issue. We also know that the state has issued a frame of housing price lists in each province and city, so now there is no basis for believing that the price list is not suitable with the market price, which basis is the appraisal of the market price. All transaction parties have proofs and transaction documents through the payment, even in the current period must also have documents of cash delivery and receipt… If there is a phenomenon of counterfeiting, documents, documents, the parties involved in the transaction will have to be more hesitant about sanctions, even very strict sanctions of the law,” noted Lawyer Tran Minh Hai.
According to regulations, for the business of buying, selling and transferring real estate, individuals must pay income tax equal to 2% of the transfer value. Mr. Le Hoang Chau – Chairman of Ho Chi Minh City Real Estate Association said that it is necessary for tax authorities to review the situation of buying and selling real estate with “two prices”, in order to avoid loss of budget revenue and increase transparency on the market. market. However, determining the selling price must be higher than the original price depends on each case.
“We need to determine the price declaration according to the normal market demand, but not taking into account special cases, such as a family having an incident and having to sell quickly to have money, which is very important. Maybe people are selling below the market price and in fact there are many cases still happening,” said Mr. Chau.
According to Ms. Nguyen Thi Lan Anh, Director of Tax Administration Department of Small and Medium Enterprises, Business Households and Individuals, General Department of Taxation, it is necessary to build a database integrated with the tax industry to identify organizations. Organizations and individuals intentionally declare prices many times lower than the market. In addition, transactions also need to be transparent through documents.
“For the agency of natural resources and environment, it plays a very important role in linking e-invoices and querying and looking up e-invoices in the case of land and database procedures. services for the inspection and examination of the inspection agency, the state audit on buying and selling real estate, proceeding to manage all real estate transactions of the tax administration agency…”, Ms. Lan Anh pointed out.
In order to collect real estate transfer tax close to the market price, the tax authority needs to establish a land price list with its own land price adjustment coefficient, as a basis for tax calculation. From a buyer – seller perspective, if the correct market price is declared, there will be no high tax for the next transfer.
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