A Study Of Legislative Problems On Property Tax

Since the first introduction of the concept of property tax at the3rd plenary session of16th party national congress, the levy of property tax and the housing price have been a topic of heat discussion among the public. Actually, a number of pilot cities have been launched for the reform of tax targeted to housing industry and the exercise of property tax. Through unremitting exploration, we will gradually create conditions for the levy of property tax and accumulate relevant data. In terms of theory, academic circle has not reached unanimous consent on such issues as the property rights foundation of property tax and its relation with land leasing, functional orientation, legislation problem. The popularization of property tax is of great significance to the standardization of real estate market and reform of fiscal and tax system.In recent years, China’s real estate industry’ gained rapid development, and gradually became the basic, guiding, pillar industry’ of our national economy. However, behind the prosperity of the real estate industry lie a series of issues of concern:unbalanced regional development, the imbalance of structure of market supply and demand, speculative factors increase. Under the circumstance of ill development, it is important for the government’s appropriate intervention to regulate the healthy development of real estate market by means of tax adjusting lever.Timely implementation of property tax and cancellation of inappropriate tax and fee is the direction of reform that the party central committee clearly indicates. The academia has many arguments about the land leasing and the various existing real estate tax problem of merging. The author, making a detailed comparison of and drawing on the experience of property tax legislation from other countries and areas, comes up with ideas on current tax merging from the definition of the conception of property tax and the current number of tax relation. The author considers that land leasing should not be incorporated into the property tax. Under the backdrop of state ownership of land, land leasing play an important role in resource allocating. While the dependence of local fiscal on land leasing, to some extent, encourage the expectancy of unreasonably skyrocketing housing price. The key issue is not to replace land leasing with property tax, but how to standardize land leasing revenue management and utility. The crux of ineffective housing price control lies in unreasonable finance revenue allocation, power up, power down in current finance system. Property tax levy serves as a starting point in China’s fiscal system reform. The article discusses related issues on real estate, initiate China’s property tax law system, give advice and suggestion on smooth implementation of property tax.