Purchasing real estate in China requires the paying of purchase tax, also known as deed tax, or real estate stamp duty. Deed tax is the tax levied by each local taxation bureau for the transfer of a property title. The purpose of this is to protect the transfer of real estate and land titles in order to guard the interests of society and the state.
The deed tax regulations administered by the taxation bureau are the same throughout China and require the parties involved in the transfer to pay a set percentage tax on the total price of the property that is being sold or gifted. The deed tax totals 3% of the value of a commercial premises and 1.5% of the value of a residential premises.
In addition to having to pay the deed tax, if the purchaser of the property is a foreigner they are also liable for a sales tax and a consumption tax. The sales tax rate is 17% and the consumption rate is 3%. Together, these taxes form what is commonly referred to as the Purchase Tax or Real Estate Stamp Duty.
The purchase tax is calculated based on the real estate value, which is determined primarily by the market value of the property, multiplied by the area of the property. The area of the property is then multiplied by the designated national real estate value set by the government. The purchase tax is then determined by applying the appropriate tax rate to the determined value.
It is important to note that the purchase tax is the responsibility of the buyer and it is only payable one time. The purchaser can either pay the tax themselves or have the amount deducted from their purchase amount. If a person buys a residential property through a real estate agency and does not deduct the tax, the agency will charge the purchaser an administration fee.
It is important to note that the purchase tax must be paid within forty days of the acquisition of the property by the buyer. Failure to do so can result in fines and/or the revoking of ownership rights to the property. In some instances, local authorities can also apply criminal punishment to the offender. For this reason, it is always important to ensure that the deed tax is paid correctly and promptly.
Purchasing a property in China can be a complicated process and involves the understanding of many rules and regulations. Deed tax, and the associated purchase tax, is just one of the issues that a potential buyer must consider. It is always a good idea to seek the advice of a knowledgeable attorney or financial planner to ensure that all of the applicable taxes and fees are paid accurately and on time.