1986.10.01
STATE COUNCIL OF CHINA
PROVISIONAL REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON REAL
ESTATE TAX
(Issued on September 15, 1986 by the State Council)
@@ Article 1. Real Estate Tax will be levied in cities, county
towns, State designated townships and industrial and mining
areas. NOTE: Real estate excludes land (as all land in China
remains the property of the State).
@@ Article 2. Real Estate Tax will be paid by the owner of the
property rights. Where title belongs to the entire people, the
management unit will pay the Tax. Where the property has been
mortgaged, the Tax will be paid by the mortgagee. Where neither the
owner nor the mortgagee lives in the locality, where ownership of
the property is yet to be established or where disputes concerning
the rental or mortgage of the property are yet to be settled, the Tax
will be paid by the custodian or the user of the property.
The owners, management units, mortgagees,custodians or users listed
in the above paragraph will be referred to collectively as
obligatory taxpayers (hereinafter referred to collectively as
taxpayers).
@@ Article 3. The Tax will be calculated on the residual
following the subtraction of between 10% and 30% of the original
value of the property. Details of the scope of the subtraction
will be determined by the provincial, autonomous region or
directly administered municipal people's government.
Should the property's original value not be available as a basis,the
local tax organ will examine and decide on an amount with reference
to the value of other real estate of a similar nature.
Where the property is leased, the rental income from the property
will be used as a basis for Tax calculations.
@@ Article 4. The Tax will be calculated on the residual value
of the property at a rate of 1. 2%, or on the rental income from the
property at a rate of 12%.
@@ Article 5. The following categories of real estate will be
exempt from paying the Tax:
(1) Real estate for the private use of State organs, people's
organisations and the armed forces;
(2) Real estate for the private use of institutions whose
operating expenses are allocated by State finance departments;
(3) Real estate for the private use of religious temples and shrines,
parks and places of historic interest and scenic beauty;
(4) Real estate owned by individuals for non-business purposes;
(5) Other real estate approved by the Ministry of Finance as tax
exempt.
@@ Article 6. With the exception of those included in Article 5 of
these Regulations, taxpayers who have bona fide difficulties in
meeting tax payments may enjoy a reduction of or exemption from
the tax for a set period to be determi[1] [2] 下一页
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