A Study Of The Legal System Of Individual Housing Property Tax In China

China’s real estate tax law system has a long history. The formation of the current real estate tax law system was symbolized by the People’s Republic of China Property Tax Provisional Regulations promulgated by the State Council in 1986. Along with the development of its economy and real estate industry in China, there occur such problems as excessive investment scale, fast housing prices and irrational supply structure. These problems show that China’s current real estate tax law system has not played a role of a leverage in regulating the economy, therefore some reforms shall be carried out.The Party and the country attach great importance to the reform of real estate tax. the Eighteen Party Congress attempted "to accelerate the reform of the taxation system, improve the central and local financial resources which match the power system, and better the public finance system construction so as to promote the equalization of basic public services and the construction of the local tax system in main functional areas". The Third Plenary Session of the Eighteen Party Congress stressed that efforts have to be made to speed up the real estate tax legislation and to promote the reforms at a proper time". The Fourth Plenary Session of the Eighteenth Party Congress pointed out that legislation shall be established before the construction of socialist law system with Chinese characteristics ". This not only clarifies the direction of our real estate tax reform, but also highlights the way for the establishment of the legal system individual housing property tax in our country.The Personal housing property tax is defined as the one "to have residents housing tax for the object levied on the basis of the property tax prices". The reform on personal housing real estate tax involves the interests of thousands of households, therefore, the following principals shall be adhered:people-orientation, regulation made for the people and scientific legal system.By taking two pilot cities(Shanghai, Chongqing) as the breakthrough in terms of their real estate tax reform, this paper serves to analyze and research on the history and status quo of property tax levy in China. Meanwhile, the paper mainly focuses its attention on related legal system construction of individual housing real estate tax levy while learning from the successful practices of the property tax system in main developed countries and regions. The author thinks that a reasonable range of collection has to be determined in an effort to levy the housing stock and incremental housing taxes together to embody the fairness in implementing a policy, and that tax base, tax rate and a scientific tax deduction or exemption preferential policies have to be made In order not to burden ordinary people with heavy taxes. In addition, related tax legislation shall be promulgated by the nation. Instead, while local governments can make appropriate adjustments according to their local circumstances, thereby forming a complete and hierarchical legal system gradually. We believe that with the establishment of the legal system of individual housing property tax in our country, the improvement of legal system related to real estate will be effectively promoted for the smooth implementation of the reform of the fiscal and taxation system.This paper is divided into five parts. The first part theoretically introduces individual housing property tax levy of the legal system, and analyzes the necessity and feasibility of establishing the legal system of individual housing property tax in China. The second part discusses the historical development of China’s real estate tax law system. The third part describes the real estate tax law system and experience in Hong Kong and some other foreign countries and areas. The fourth part discusses the implementation and lessons in Shanghai, Chongqing in terms of personal housing property tax. The fifth part summarizes problems with the implementation of individual housing property tax, and voices some proposals on the establishment of effective legal system in our country,which is also the innovation of this paper.