State Administration of Taxation, Official Reply on Tax Issues Concerning the Assignment of Land for Which the Formalities Relevant to the Leasehold Certificate Have Not Yet Been Completed
国家税务总局关于未办理土地使用权证转让土地有关税收问题的批复
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clpstaff &clp articlesTaxes on assignment of land should be paid regardless of completion of formalities.
Issued: June 14 2007
Main Contents: Where a land user transfers, mortgages or exchanges land, he/she and the other party shall pay business tax, land value-added tax and deed duty according to tax laws provided that he/she possesses the right to occupy, use, receive returns from or dispose of the land and there is evidence such as a contract to prove the actual transfer, mortgage or exchange of land from which he/she has obtained the corresponding economic benefit, irrespective of whether he/she has obtained the leasehold certificate or whether he/she and the other party have completed the formalities for the amendment of the registration for the leasehold certificate.
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