Research On Real Estate Tax Law System In The View Of Balancing The Social Property

When it comes to real estate tax，the earliest dating back to the Tang Dynastymakes it an old tax in our country. However, because of lack of economicbase,it has stopped for quite a long time. Even at the time of1986implementationof the “Provisional Regulations of real estate tax”, the residents that has decent realestate are still not many, therefore individual housing property tax still has noeconomic basis. However, with the rapid development of China’s economic reform,China’s Gini coefficient is farther away from the international warning line. Afteryears of accumulated income, inequality of wealth distribution among the residentsis far more than income inequality, due to the limitations of the characteristic,turnover tax and income tax is powerless for adjust the stock of residents’ wealth. Inaddition,due to the high price，real estate become the most popular invest instrument,so it becomes occupy a large proportion of residents’ property. Therefore, real estatetax can play an important role of balancing the social property.In the year2011, the individual housing property tax was firstly implementedin Shanghai and Chongqing, making the real estate tax refocus the public’s eyes.However, though the public have high hope, the real estate tax pilot did not achieveits intended purpose. The scope of taxation is so narrow that the real estate tax betrayits nature of property tax and fairness, this tax system design makes the role of thereal estate tax in fairness greatly reduced. While the function of the real estate tax in fairing the social wealth has notbeen exploited, but our current research focuses on whether the real estate tax adjustthe price of houses, whether the real estate tax can become the main tax of localgovernment and so on. Research specifically based on social justice Perspective isnot very much. This paper takes the social justice perspective as a starting point,with the fair function of the estate tax, this paper expands the discussion of socialwealth with the fairness function of the estate tax.The first chapter is the introduction of the research foundation. Firstly, makesan analysis of the property tax on this basis; Secondly, introduces our current wealthdistribution situation and tax system.The second chapter is the theoretical and empirical analysis of the function ofreal estate tax, in the progress of theoretical analysis, Rawls’ theory of justice andWagner’s point of social policy is selected to demonstrate the necessary of balancingthe social property. In empirical analysis section, through the analysis of priceearnings ratio and price wealth ratio, this paper is to demonstrate the feasibility ofthe balancing social property function of real estate tax.The third chapter makes a comment on our country’s current legal system ofreal estate tax. In this section "Provisional Regulations of real estate tax" andShanghai, Chongqing real estate tax pilot were evaluated."Provisional Regulationsof real estate tax" is not suited to the current social situation, so the real estate taxreform is evitable. Real estate tax pilot conducted in2011, is the precedent ofindividual housing property tax. Its measures of levying a tax on villas, superiorquality houses and a second or more houses that were new purchased, adoptingdeferences tax rates,making a tax free for the first house of residents’ family, usingthe taxation income on affordable and public rental houses, can indeed have an effectof fair social wealth, but its the tax scope is narrow, only including villas, superiorquality houses and a second or more houses that were new purchased, tax rates arelow, the exemption range is too wide and the tax base is unscientific, on the whole,the pilots departs themselves from their property tax nature and need further reform.The fourth chapter describes the real estate tax system in Singapore, the United Kingdom and South Korea, through the description of Singapore’s exemptionregime，UK’s classification of the real property and the tax rate, South Korea’s fullprogressive tax rate, and the paper also provides suggestions on the real estate taxreform in our country.The fifth chapter presents ideas and suggestions. First, to exert the function ofthe real estate tax of balancing social property, we should adhere to the principle ofprotecting humans’ right to exist and the principle of levying the tax according to thetaxpayers’ ability. Turning to specific measures, we should expand the taxtationscope, the most important is to levy the tax on the houses that are second or abovesecond house of the owner but was bought before the exploit,other measuresincluding changing the tax base, adopting the progress tax rate and so on are asfollowed.