Circular of the Ministry of Finance on Printing and Distributing the Detailed Rules for the Interim Regulations of the People's Republic of China on Deed Tax

Circular of the Ministry of Finance on Printing and Distributing the Detailed Rules for the Interim Regulations of the People's Republic of China on Deed Tax

Cai Fa Zi [1997] No. 52

October 28, 1997

All ministries and commissions of the State Council and institutions directly under the State Council,People's governments of all provinces, autonomous regions and municipalities directly under the Central Government and cities specifically designated in State planning, the Finance Departments (Bureaus), State Administration of Taxation Offices and Local Taxation Bureaus of all provinces, autonomous regions, municipalities directly under the Central Government and cities specifically designated in State planning,The Xinjiang production and Construction Corps,

Detailed Rules for the Tentative Regulations of the People's Republic of China on Deed Tax are hereby printed and distributed to you for compliance and implementation.

Appendix:
Detailed Rules for the Tentative Regulations of the People's Republic of China on Deed Tax

Article 1 These rules are formulated in accordance with the Interim Regulations of the People's Republic of China on Deed Tax (hereinafter referred to as the Regulations under these rules).

Article 2 "The right and ownership to land and buildings" mentioned in the Regulations refers to the land usage rights and, ownership of buildings.

Article 3 "The undertaking" mentioned in the Regulations refers to the activities of obtaining the right and ownership of land and/or buildings by means of transfer-in, purchase, donation or exchange.

Article 4 "The units" mentioned in the Regulations refer to the enterprises, institutional units, State organs, military units and social groups and other organizations.
"The Individuals" mentioned in the Regulations refer to the individual household business persons and other individuals.

Article 5 "The transfer-out of the State land usage right" mentioned in the Regulations refers to the act that land users pay the State the fees for usage right of the State land, and the State grants the State land usage right to the land users for a certain period of time.

Article 6 "The transfer of land usage right" mentioned in the Regulations refers to the act that the land users transfer the land usage right to other units and individuals by means of sales, donation, exchange or other approaches.
"The sales of land usage right" mentioned in the Regulations refers to the act that the land users use the land usage right as transactional conditions to obtain money, substance, intangible assets or other economic interest.
"The donation of land usage right" mentioned in the Regulations refers to the act that the land users donate the land usage right to the recipients free of charge.
"The exchange of land usage right" mentioned in the Regulations refers to the act that land users exchange the land usage right between themselves.

Article 7 "The purchase and sale of the buildings" mentioned in the Regulations refers to the act that the owners of the buildings sell their buildings and the buyers pay currency, substance, intangible assets or other economic interest.
"The donation of buildings" mentioned in the Regulations refers to the act that the owners of the buildings donate the buildings to the recipients free of charge.
"The exchange of buildings" mentioned in the Regulations refers to the act that the owners of the buildings exchange the buildings between themselves.

Article 8 The transfer of the land, building usage right and ownership by the following means shall be deemed as transfer of land usage right, purchase and sale of buildings or donation of buildings for tax purposes:
1.Making investments, participating in equity by use of the land, building right and ownership.
2.Offsetting the debts by use of the land, building right and ownership.
3.Undertaking the land, building right and ownership by means of reward.
4.
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