The Ministry of Finance proposes localities to issue land price lists close to market prices
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Issue land price list every 5 years
The Ministry of Finance has just sent an official dispatch to the People’s Committees of the provinces and cities directly under China, proposing to remove problems at work fight against tax loss activity word business, real estate transfer.
According to the Ministry of Finance, over the past time, this agency has sent many documents to the People’s Committees of provinces and centrally-run cities, the Ministry of Public Security, and the Ministry of Justice on the prevention of tax loss in business activities, transfer of goods and services. real estate.
On that basis, many provincial People’s Committees have developed schemes to prevent tax loss in business activities and real estate transfer and have achieved certain results. However, in the process of implementation, there are still some problems that make it difficult to prevent loss of revenue from business activities and real estate transfer.
The Ministry of Finance is currently reviewing legal documents related to business activities and real estate transfer to amend and supplement to ensure consistency and synchronization with relevant legal documents. mandarin.
According to the Ministry of Finance, based on the provisions of Clause 11 Article 2 of Decree No. 12/2015 of the Government, the land price list of the provincial People’s Committees is the basis for tax calculation in cases where the transfer contract does not include the price or price on the transfer contract is lower than the land price set by the Provincial People’s Committee at the time of transfer.
According to the provisions of the 2013 Land Law, the Provincial People’s Committee promulgates the land price list to be issued every 5 years and annually issues the land price adjustment coefficient.
Therefore, in order to ensure publicity and transparency in the State management of business activities and real estate transfer, the Ministry of Finance proposes the People’s Committees of the provinces to issue the land price list (which includes the land price list). land price adjustment number) to facilitate tax calculation according to the above regulations.
Building a database of transaction prices from real estate transfers
For the locations of land, road sections and roads that do not have prices in the Land Price List issued by the People’s Committee of the province, the Ministry of Finance proposes the Provincial People’s Committee to direct the Department of Natural Resources and Environment to coordinate with relevant agencies in reviewing the land price list. Controlling to advise the Provincial People’s Committee to promptly issue the Decision on adjusting and supplementing the specific land price list for each location, ensuring it is consistent with the actual transaction price on the market and the selling price of the investor. .
If not yet issued, the investor is required in the area to publicize the selling price according to regulations and notify relevant organizations and individuals when performing transactions on real estate formed in the future. as well as when declaring financial obligations related to real estate transfer”, the Ministry of Finance requested.
For the case of real estate transfer dossiers submitted at the application-receiving agencies under the one-stop-shop mechanism (the Natural Resources and Environment Agency, the land registration agency, the One-Stop-Shop Department of the People’s Committee of Vietnam). ,…): The agency receiving dossiers under the one-stop-shop mechanism is responsible for disseminating the law, propagating, and guiding taxpayers to clearly identify the location, street, and specific determination and application of prices. each type of real estate (including the land price adjustment coefficient as prescribed by the Provincial People’s Committee) so that organizations and individuals can understand and properly implement when declaring financial obligations related to real estate transfer.
The Ministry of Finance also asked the People’s Committees of the provinces to direct the Department of Natural Resources and Environment to coordinate with relevant agencies to regularly survey to build a database of transaction prices from real estate transfers as a basis. to advise the Provincial People’s Committee to determine the annual land price adjustment coefficient close to the actual transaction price on the real estate market in order to avoid tax revenue loss.
The Ministry of Finance will direct the tax authority to provide the database on which taxpayers have declared tax in case there is a price fluctuation higher than the price issued by the People’s Committee (including the price adjustment coefficient). land) for relevant agencies to advise the Provincial People’s Committee to issue a new price list as well as the timely adjustment coefficient in accordance with the law on land.
Previously, the Minister of Finance also directed the General Department of Taxation to urgently implement measures to prevent tax loss in business activities and real estate transfer.
At the same time, the General Department of Taxation is required to strengthen inspection and strictly handle violations of civil servants. Quarterly report on the assessment of the results of the fight against tax loss in business activities and real estate transfer; results of inspection of additional declarations by taxpayers but no change in transfer prices.
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