Law of the People's Republic of China on Deed Tax

Law of the People's Republic of China on Deed Tax
Law of the People's Republic of China on Deed Tax

Order of the President of the People's Republic of China No.52

August 11, 2020

The Law of the People's Republic of China on Deed Tax, which was adopted at the 21st Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on August 11, 2020, is hereby promulgated and shall come into effect as of September 1, 2021.

Xi Jinping, President of the People's Republic of China

Law of the People's Republic of China on Deed Tax

(Adopted at the 21st Session of the Standing Committee of the 13th National People's Congress on August 11, 2020)

Article 1 All transferee entities and individuals of any transfer of ownership of land or housing within the territory of the People's Republic of China shall, as taxpayers of deed tax, pay deed tax in accordance with this Law.

Article 2 For the purposes of this Law, transfer of ownership of land or housing shall refer to the following acts:
1. assignment of a land use right;
2. transfer of a land use right, including sale, donation and exchange; and
3. housing transaction, donation and exchange.
The transfer of a land use right as provided for in Item 2 of the preceding paragraph excludes the transfer of a land contracted management right and land management right.
The transfer of ownership of land or housing by means of valuation-based investment (equity contribution), debt repayment, transfer or reward, etc. shall be subject to the collection of deed tax in accordance with this Law.

Article 3 Deed tax rates shall range from 3% to 5%.
Specific applicable deed tax rates shall be proposed by the people's government of each province, autonomous region or municipality directly under the Central Government within the range of tax rates as provided for in the preceding paragraph, and be reported to the Standing Committee of the People's Congress at the same level for a decision to be made, and then to the Standing Committee of the National People's Congress and the State Council for filing.
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