Study On Chinese Real Estate Tax Reform In The Perspective Of Public Property

With the clear signal delivered in the third Plenary Session of the 18 th CPC Central Committee-“the tax reform of real estate should be legalized”and twelfth session of the Standing Committee of the National People's Congress announces that the real estate tax law will be included in the legislative plan, the topic of "real estate tax" continues to be heated up. Real estate tax is the public property which collects the private property of the taxpayers, so it is an important source of public interest and the well-being of the people. How to reform the real estate tax and how to levy it has become the focus of public attention. From the perspective of public property, levying the tax revenue, managing the tax revenue and using the tax revenue are the behaviors of the government to exercise the public property right. The fact that governance of the public property right is handled properly or not is directly related to whether the taxpayer's private property right is effectively protected or not. In 2011, the reform experimentation of Shanghai and Chongqing tax reform for the real estate has laid a certain foundation for the reform of the real estate tax all over the nation. But from the perspective of public property; the two major problems that the public property rights not being legally constrained and public property right infringing the private property rights are throughout the reform process, which makes the reform not exert its full influence. In view the above research, this paper puts forward some suggestions to perfect the legislation of real estate tax which is the public property based on the enlightments of Shanghai and Chongqing real estate tax reform and the foreign advanced experience on the real estate tax system.This paper considers that the real estate tax reform should strictly abide by the legal principle of taxation so as to realize the control and supervision of public property rights. In order to protect taxpayers' rights equally, the specific design of the taxation elements of the real estate tax should be reasonable: treat the subject of tax payers fairly; not only should the merger premises imposed, but should also be the stock of housing and house property included in the scope of taxation; tax is exerted based on the assessment of the value of real estate; dividing the real estate into different levels according to their assessment value, and different levels of the real estate should set different tax rates. And it's necessary to differentiate business real estate and personal housing production, and set differential tax rate according to the property ofdifferent uses. At the same time determine the appropriate scope of tax incentives.In addition, in order to make real estate tax better play the benefits of public property, improve the system of real estate tax collection and administration is needed. Through controlling public property rights and protecting private property rights, the real estate tax reform will be trustful and interactive.The whole process of the acquisition and collection of real estate tax must meet the requirements of the concept of public property, so as to achieve the maximization of the effectiveness of the real estate tax revenue, promote public interests, fundamentally protect taxpayers' rights and realize the legislative purpose.