Reflection On Perfecting The Real Estate Tax Legislation

Since the reform of the tax system in 1994 in China. it gets rid of the traditional fiscal and taxation system of ills, and further divides the central and local financial authority. But with the expansion of central authority, it leads to "the shift up on property rights and down on powers." Due to heavy taxes and the lack of a stable source of income as security in local government, the situation of "local debt" was out of control. With the acceleration of urbanization process, the government try to sell the land, in order to gain a stable and even a sufficient financial support. In the period of rapid development of industrialization and urbanization, land finance has not only become of a "gold mine" in the eyes of local government, but also an "ATM." It is precisely because of such excessive "land finance dependency syndrome" and long delay of local stocking debt that the need to rationalize the relationship between the central authorities and local governments is necessary. At the same time,it is needed to increase overall and deepening reform of our taxation system.The Third Plenary Session of the party’s eighteen timely put forward the full deployment of the "speeding up the real estate tax reform legislation and reform".And for the first time that "the implementation of the legal principle of taxation." was put forward. Currently, the real estate tax reform is not only the requirements of the market economy, but also a hot issue that the legal profession needs to peruse. At present, China’s real estate tax reform has expanded form property tax pilot to the legislation advancing. Therefore, three pairs of relationship should strike a balance between the legislative and the executive, the state and the taxpayer, central and local government.Real estate taxes as a major local taxes in the future, which can guarantee enough local sources of revenue. To some extent, it alleviates the current situation that local government over-rely on land transfer payments to gain local financial source. How to carry out real estate tax through legislation and other regulations, improve the tax law system adjustment, deepen the tax reform of real estate,which is of great significance in getting rid of "local debt". In the future, the real estate tax legislation and reform will be the key of a comprehensive deepening reform.This paper summarizes the existing academic achievements and bases on perfecting the real estate tax legislation of our country.After analyzing the key and difficult problems of the current real estate market and the lack of legislation, it compares the real estate tax legislation mode and the design elements of the tax system with advanced countries. Also it further sorts the intrinsic link with the real estate tax reform legislation and reform, and tries to set up real estate taxes as the first major taxes in local in order to protect adequate local sources of revenue and propose practical and operational advice based on the view of real estate tax legislation and related system design. Thesis is divided into five parts:The first part is an introduction. It describes the background and significance of the research clarifying, ideas of the research, grasping direction, relevance between research, and focusing on ways and means of research. It also comprehends the domestic and abroad status of research. It needs rationalization to see the lack of innovation in the article and put forward reasonable proposals for the improvement of China’s real estate tax legislation.The second part mainly illustrate the problems the real estate market in China. Through introducing the recent price of the real estate, it can be shown that the antinomy of the housing is outstanding, which means the rich owns many houses, while the poor cann’t afford any and the "ghost city"-a city with houses but no one to live in, is everywhere.The third part mainly illustrate the problems of the real estate tax legislation in China.There are some aspects:low level of legislation, unstrong operability, canons of taxation, the principle of distribution. Through all the analysis, some targeted suggestions are brought out to improve the tax legislation.The fourth part is mainly about the tax legislation of the real estate in some typical countries and the experience that we can learn. Through comparison and analysis of legislative competence, rate setting, object of taxation in some advanced countries. In the paper, it has been highlighted the importance of the real estate tax legislation.The fifth part decribes the suggestions of how to improve the tax legislation in China real estate. Through fastening the tax legislation in the real estate, clearing the principles of legislation and tax jurisdiction, improving supporting mechanism and structure of tax system in the real estate, tax in the real estate would become the fist major tax in the local so as to protect an enough tax fund for the local government. estate taxes as the first major taxes in local in order to protect adequate local sources of revenue and propose practical and operational advice based on the view of real estate tax legislation and related system design. Thesis is divided into five parts:...