|
条例
第一条 城市房地产税,除另行规定者外,均依本条例之规定,由税务机关征收之。
第二条 开征房地产税之城市,由中央人民政府财政部核定,未经核定者,不得开征。
第三条 房地产税由产权所有人交纳,产权出典者,由承典人交纳;产权所有人、承典人不在当地或产权未确定及租典纠纷未解决者,均由代管人或使用人代为报交。
第四条 下列房地产免纳房地产税:
一、军政机关及人民团体自有自用之房地;
二、公立及已立案之私立学校自有自用之房地;
三、公园、名胜、古迹及公共使用之房地;
四、清真寺、喇嘛庙本身使用之房地;
五、省(市)以上人民政府核准免税之其他宗教寺庙本身使用之房地。
第五条 下列房地产得减纳或免纳房地产税:
一、新建房屋自落成之月分起,免纳三年房地产税;
二、翻修房屋超过新建费用二分之一者,自工竣月分起,免纳二年房地产税;
三、其他有特殊情况之房地,经省(市)以上人民政府核准者,减纳或免纳房地产税。
第六条 房地产税依下列标准及税率,分别计征:“注:自一九五三年起,本条所列税率分别改为1.2%、1.8%、1.8%、18%。”
一、房产税依标准房价按年计征,税率为1%;
二、地产税依标准地价按年计征,税率为1.5%;
三、标准房价与标准地价不易划分之城市,得暂依标准房地价合并按年计征,税率为1.5%;
四、标准房地价不易求得之城市,得暂依标准房地租价按年计征,税率为15%。
第七条前条各种标准价格,依下列方法评定:
一、标准房价,应按当地一般买卖价格并参酌当地现时房屋建筑价格分类、分级评定之;
二、标准地价,应按土地位置及当地繁荣程度、交通情形等条件,并参酌当地一般买卖价格分区、分级评定之;
三、标准房地价,应按房地坐落地区、房屋建筑情况并参酌当地一般房地混合买卖价格分区、分类、分级评定之;
四、标准房地租价,应按当地一般房地混合租赁价格分区、分类、分级平定之。
第八条 房地产税得按季或按半年分期交纳,由当地税务机关决定之。
第九条 凡开征房地产税之城市,均须组织房地产评价委员会,由当地各界人民代表会议及财政、税务、地政、工务(建设)、工商、公安等部门所派之代表共同组成,受当地人民政府领导,负责进行评价工作。
第十条 房地产评价工作,每年进行一次,如原评价格在下年度经房地产评价委员会审查,认为无重评必要时,得提请当地人民政府批准延长评价有效期限。
前项评价结果或延长有效期限,均由当地人民政府审定公告之。
第十一条 纳税义务人应于房地产评价公告后一个月内将房地坐落、房屋建筑情况及间数、面积等,向当地税务机关申报,如产权人住址变更、产权转移或房屋添建、改装因而变更房地价格者,并应于变更、转移或工竣后十日内申报之。免税之房地产,亦须依照前项规定,办理申报。
第十二条 税务机关应设置房地产税查征底册,绘制土地分级地图,根据评价委员会之评价结果及纳税义务人之申报,分别进行调查、登记、核税,并开发交款通知书,限期交库。
纳税义务人对房地产评价结果,如有异议时,得一面交纳税款,一面向评价委员会申请复议。
第十三条 纳税义务人不依第十一条规定期限申报者,处以五十万元以下之罚金。“注:“五十万元”系旧人民币,新人民币为“五十元”。”
第十四条 纳税义务人隐匿房地产不报或申报不实,企图偷漏税款者,除责令补交外,并处以应纳税额五倍以下之罚金。
第十五条 前两条所列违章行为,任何人均得举发,经查实处理后,得以罚金20-30%奖给举发人,并为保守秘密。
第十六条 不按期交纳税款者,除限日追交外,并按日处以应纳税额1%的滞纳金。
逾限三十日以上不交税款,税务机关认为无正当理由者,得移送人民法院处理。
第十七条 房地产税稽征办法由省(市)税务机关依本条例拟定,报请省(市)人民政府核准实施并层报中央人民政府财政部税务总局备案。
第十八条 本条例公布后,各地有关房地产税之单行办法一律废止。
第十九条 本条例自发布之日施行。
【名称】 PROVISIONAL REGULATIONS GOVERNING URBAN REAL
ESTATE TAX
【题注】 (Administrative Council: Central People's Government: 8 August1951)
Whole Doc.
Article 1
Except as otherwise stipulated, urban real estate tax shall be
collected by the tax authorities in accordance with the provisions of
these Regulations.
Article 2
The Ministry of Finance of the Central People's Government shall
designate the cities in which real estate tax shall be imposed; the tax
shall not be imposed in cities that have not been so designated.
Article 3
The owner of property shall be liable for the payment of
real estate
tax. Where the property is subject to a mortgage, the mortgagee shall be
liable for payment. Where the owner and the mortgagee are not present at
the locality in which the property is situated, where ownership of the
property has not been established or where disputes in connection
with the
tenancy and mortgage of the property have not been resolved, the
tax shall
be paid by the custodian or the user of the property on behalf of the
owner or mortgagee.
Article 4
The following categories of real estate shall be exempt from real
estate tax:
(1) real estate owned by military units, government agencies and
social organizations for their own use;
(2) real estate owned by public schools and registered private
schools for their own use;
(3) real estate used as a park, scenic spot or historic
site or for
other public purposes;
(4) real estate used exclusively by mosques or lamaseries;
(5) real estate used exclusively by temples of other religions for
which tax exemption has been granted by the people's government at the
provincial (municipal) level or higher.
Article 5
Reductions of or exemptions from real estate tax shall be
granted in
respect of the following categories of real estate:
(1) newly constructed buildings shall be exempt from real
estate tax
for a period of three years commencing the month in which the
construction
is completed;
(2) renovated buildings for which the renovation expenses
exceed one
half of the expenses of the new construction of such buildings shall be
exempt from real estate tax for a period of two years commencing
the month
in which the renovation is completed;
(3) other real estate in respect of which, due to
special
circumstances, the people's government at the provincial
(municipal) level
or higher has determined that reductions of or exemptions from
real estate
tax shall be granted.
Article 6
Real estate tax shall be assessed according to the
following criteria
and tax rates:
(1) the tax on buildings shall be assessed annually at the
rate of 1%
of the standard value of buildings;
(2) the tax on land shall be assessed annually at the rate
of 1.5% of
the standard value of land;
(3) the tax shall be provisionally assessed annually at
the rate of
1.5% of the consolidated standard value of land and building in
cities in
which it is difficult to determine separately the standard value of land
and the standard value of buildings;
(4) the tax shall be provisionally assessed annually at
the rate of
15% of the standard rental value of real estate in cities in
which it is
difficult to determine the standard values of land and buildings.
Article 7
The standard values mentioned in the preceding Article shall be
appraised as follows:
(1) the standard value of buildings shall be appraised in terms of
different categories and grades according to the general local market
value and with reference to the current price of local
building
construction;
(2) the standard value of land shall be appraised in terms of
different districts and grades according to such conditions as the
location of the land, the degree of prosperity of the locality and
communication facilities and with reference to the general local market
value of the land;
(3) the standard value of real estate shall be appraised
according to
the location of the real estate and building construction circumstances
and taking into account the local aggregate market value of real estate
for different districts and categories and grades of real estate;
(4) the standard rental of real estate shall be appraised
in terms of
different districts, categories and grades and, in general, according to
the local aggregate rental value of the land and its affixed buildings.
Article 8
The local tax authorities shall determine whether real estate tax
must be paid in quarterly or semi-annual installments.
Article 9
A commission for real estate assessment, composed of representatives
designated by local people's conferences of various
circles, and
representatives designated by such departments as finance,
taxation, land
administration, civil engineering (construction), industry and commerce,
and public security shall be established in all cities in which real
estate tax is imposed. The commission shall be under the
direction of the
local people's government and shall be responsible for carrying out the
work of real estate assessment.
Article 10
Real estate shall be assessed once a year. Where, on examination of
the original assessed value, the commission for real estate assessment
determines that reassessment is not necessary, the extension of validity
of the assessment of the previous year shall be submitted to the local
people's government for approval.
The results of assessments or the extension of the validity of the
assessment of a previous year shall be subject to examination, approval
and notification by the local people's government.
Article 11
Persons responsible for payment of the tax shall, within one month
following the notification of the assessment, file a return with
the local
tax authorities of the location in which the real estate is
situated as to
the condition of the buildings, the number of rooms, the floor space and
other such information. Changes in the addresses of the owners, transfers
of ownership or the expansion or renovation of buildings which result in
changes in the value of the property must be reported to the local tax
authorities within ten days following the change of address, the transfer
of ownership or the completion of the expansion or renovation.
Returns in respect of real estate which is exempt from real estate
tax shall also be filed in accordance with the preceding provisions.
Article 12
The tax authorities shall establish a register in respect of the
investigation and imposition of real estate tax and shall prepare
detailed
maps showing the different grades of land; on the basis of the
results of
assessments made by the commission and the returns filed by
taxpayers, the
tax authorities shall proceed with the investigation, registration and
verification of the tax and shall issue a notice for payment of
the tax to
the treasury within the time limit.
If the taxpayer disagrees with the result of the assessment of the
real estate, the taxpayer shall both pay the tax and apply to the
commission for reconsideration.
Article 13
Any taxpayer who fails to file the return within the time limit
specified in Article 11 shall be liable to a fine of 500000 yuan
or less.
Article 14
Any taxpayer who fails to declare real estate holdings or
who files a
fraudulent return and there by attempts to evade the tax shall, in
addition to payment of the tax so evaded, be liable to a fine of five
times or less of the tax due.
Article 15
Every person shall report violations of the provisions set forth in
the two preceding Articles. Following the investigation and disposal of
the violation, the informant shall be granted a reward in the
amount of 20
to 30% of the fine; confidentiality shall be maintained in respect of
these reports.
Article 16
Where there is a failure to pay the tax on time, in addition to
setting a new time limit for payment of the tax, a late payment
fine of 1%
of the amount of the tax due shall be imposed for each day the
tax remains
unpaid.
Where payment of the tax is not made within thirty days
following the
time limit for payment, and the tax authorities consider that
there is no
reasonable cause for late payment, the matter shall be
transferred to the
people's courts for disposal.
Article 17
The provincial (municipal) tax authorities shall, in
accordance with
these Provisions, formulate measures for the investigation and collection
of real estate tax and shall submit the measures to the
provincial
(municipal) people's government for approval and implementation
and shall
also submit the measures to the General Taxation Bureau of the
Ministry of
Finance of the Central People's Government for the record.
Article 18
Upon the promulgation of these Regulations, all local
rules relating
to the taxation of real estate shall be annulled.
Article 19
These Regulations shall become effective as of the date
of
promulgation.
<全文完>
|