Deed Tax Law of the People's Republic of China (Закон Китайской Народной Республики «О налоге на недвижимость»)

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Deed Tax Law of the People's Republic of China
(Закон Китайской Народной Республики «О налоге на недвижимость»)

(Adopted at the 21st Session of the Standing Committee of the Thirteenth National People's Congress on August 11, 2020)

Article 1. Entities and individuals, to which or whom the land use rights and house ownership are transferred within the territory of the People's Republic of China, are taxpayers of deed tax and shall pay deed tax in accordance with the provisions of this Law.

Article 2. For the purpose of this Law, «transfer of the land use rights and house ownership» refers to the following acts:

(1) assignment of land use rights;

(2) transfer, including sale, gift and exchange, of land use rights; and

(3) sale, gift and exchange of houses.

The transfer of land use rights in subparagraph (2) of the preceding paragraph does not include the transfer of the right to contractual management of land and the right to management of land.

Where the land use rights and house ownership are transferred by means of investment as capital (equity investment), debt repayment, allocation and asset transfer, reward, etc., the deed tax shall be levied in accordance with this Law.

Article 3. Deed tax rates shall be 3% to 5%.

The specific applicable deed tax rates shall be proposed by people's government of each province, autonomous region and municipality directly under the Central Government within the range of tax rates as specified in the preceding paragraph, and shall be submitted to the standing committee of the people's congress at the same level for decision, and then be submitted to the Standing Committee of the National People's Congress and the State Council for the record.

Each province, autonomous region, and municipality directly under the Central Government may, under the procedure as specified in the preceding paragraph, determine differential tax rates applicable to ownership transfer of the dwelling houses with respect to different transferees, different regions and different types.

Article 4. The tax basis for deed tax shall be as follows:

(1) in the case of the assignment or sale of land use rights or the sale of houses, the transaction price determined in the contract for the transfer of the land use rights or house ownership, including the currency and the payments corresponding to the tangible goods and other economic benefits that shall be delivered;