On The Legislation Of Real Estate Tax In China

With the deepening of reform and opening up and the rapid development of social economy,China started a new journey of tax reform once again.Real estate tax,which is directly related to people's property interests,was included in the legislative planning of the 13 th National People's Congress standing committee.Therefore,current real estate tax legislation related issues in China has attracted the attention of all sectors of society.Under the current fiscal and taxation system in China,it is difficult for local taxes to provide sufficient funds for local government finance,which makes local governments supplement fiscal funds by transferring land use rights in order to match their administrative and financial rights.Relying on "land finance" can solve the temporary needs of local finance.But considering that land resources are not renewable,new main local taxes must be cultivated in order to solve the problem of the stability and continuity of local financial funds.At the same time,the lag of the current real estate tax system makes its function of adjusting social income distribution not play effectively.Under the trend of polarization of the gap between the rich and the poor in our country,it is necessary for tax revenue to play the role of redistribution of social wealth,so as to realize the concept of fairness that the fruits of development are shared by all the people.Under such circumstances,how to position the legislative target of real estate tax and how to advance it in a steady way have become a topic that needs to be discussed in depth.This paper argues that at the present stage,China's real estate tax should achieve its legislative goals of building a healthy local financial system,adjusting social income distribution and improving the overall tax system structure through legislation first,local autonomy,tax consolidation,step-by-step promotion,strengthening management and improving the system.First of all,this paper defines the concept and characteristics of real estate tax in China at the present stage.It believes that the real estate tax included in the legislative norms is a tax levied on the real estate ownership link,and has the characteristics of benefit tax,capacity tax and property tax.This paper points out that all circles of society should rationally expect the legislation function of real estate tax from the impact of levying real estate tax on current real estate price,fiscal and taxation system and public service.What is more,this paper compares the development process,tax structure and collection effect of real estate tax legislation in the United States,Britain,Japan,Hong Kong and other typical countries and regions.It also compares the differences of current tax environment between China and other typical countries and regions,then summarizes the inspiration of real estate tax legislation experience of foreign countries and regions on China's real estate tax legislation.China's real estate tax legislation related issues should be based on China's current national conditions.We should draw lessons from other countries in standardizing the use of tax,expanding the scope of taxation,formulating the basis for tax planning,improving tax preferences,establishing an evaluation mechanism and improving supporting systems.In addition,after reviewing the inheritance and development of China's real estate tax and its current situation,the paper points out that China's current real estate tax has such problems as complicated taxes and fees,crossed tax bases,unbalanced tax structure,narrow tax scope,absence of main taxes,unreasonable tax system design and so on,which also shows that China's real estate tax system needs to be further improved and innovated through the legislation of real estate tax.Finally,on the basis of the above research and analysis,this paper puts forward the overall plan for the goal of the legislation of real estate tax in China and the way to promote the legislation.Combined with China's national conditions and the current tax environment,this paper puts forward some design suggestions on the scope,subject,tax rate,tax preference and management of real estate tax,which provides an operable tax framework to ensure the realization of the legislative goal of China's real estate tax.