Personal Housing Property Tax System Research

In 2011,Shanghai and Chongqing took the lead in levying individual housing property tax.Since then,the implementation of the individual housing property tax system and the legislative debate and discussion has not stopped.From the perspective of the actual effect of the trial levy of real estate tax in the two places,although the expected effect has not been achieved,it is beyond doubt that the pilot reform has provided practical experience for China's individual housing real estate tax legislation.Nowadays,as a commodity,housing is no longer just a simple living facility,but also an investment target for people to "maintain and increase the value".Individual housing has gradually become an important part of the wealth of Chinese residents.This paper,taking Shanghai Chongqing personal housing property tax pilot reforms as the breakthrough point,through the relevant statistics analyze the effect and find problems existing in the system design,from the perspective of legal theory and economic theory,analyzes the individual housing property tax that is imposed rationality and necessity of a property tax in our country have practical significance.Combined with the legislative principles and guiding ideology of our country,this paper explores the individual real estate tax system suitable for China's national conditions,hoping to put forward feasible reference and Suggestions for the individual real estate tax legislation.The paper consists of six parts:The first part,introduction,mainly includes research background,research significance,research status at home and abroad,research methods and innovation and shortcomings.The second part,the individual housing estate tax system outline.Individual housing property tax takes the house of private property right as the tax object,and it is one of the property taxes paid by the main body that owns the house ownership.Individual housing property tax is not a new type of tax,it has been levied since ancient times.After the founding of new China,the tax exemption policy for individual housing has been implemented.It was not until 2011 that the trial of individual housing property tax in Shanghai and Chongqing was implemented.In 2016,as an important part of the real estate tax law,the individual housing property tax was included in the legislative planning and truly entered the legislative process.The third part,the foreign individual housing estate tax system comparison.Most western countries regard property tax as the main source of revenue for local governments and an important tool for regulating distribution.This paper selects Britain and the United States,which have relatively complete tax systems,and Japan and South Korea,which have similar real estate development levels with China,as research references.The background,system design,dispute resolution mechanism and implementation effect of real estate tax in different countries are compared.In addition,it is also found in foreign practices that improper design of real estate tax elements will bring negative effects,which is a wake-up call for China.Combined with the experience of foreign real estate tax collection,it is the right choice to seek measures suitable for China's national conditions.The fourth part,the individual housing real estate tax pilot project in Shanghai and Chongqing and its main problems.First of all,the legitimacy of the real estate tax pilot project in Shanghai and Chongqing has been widely criticized,which violates the principle of tax law.From the pilot cases of the two cities,it can be seen that the tax base of Shanghai and Chongqing is too narrow,the scope of tax exemption is large,and the tax base is unreasonable.Because individual housing area difference is big,popularize countrywide with same standard hard.However,this kind of partial pilot will provide valuable experience for the development of individual housing property tax system with Chinese characteristics.The fifth part is the theoretical basis and practical significance of the individual housing real estate tax in China.As for the levy of individual housing property tax,there is a consistent debate in the academic circle.On the one hand,it is a problem of legality;on the other hand,it is a problem of necessity.This chapter comprehensively discusses the legality and necessity of levying individual housing property tax from two aspects: legal basis and economic theory basis.In addition,the introduction of individual housing property tax can inhibit speculation,adjust income distribution,can play a role in promoting social equity,and both raise fiscal revenue to meet the government's demand for public services.The introduction of individual housing property tax in China can not only optimize the allocation of resources and reduce the vacancy rate,but also correct the land finance and promote the sustainable development of the real estate market.The sixth part is the legislative proposal of China's individual housing real estate tax system.First of all,the general idea and basic principles of individual housing real estate tax legislation should be clarified,which should not only follow the principle of statutory taxation and fairness,but also implement the "two-track system" to treat urban and rural areas differently,housing stock and incremental housing,land transfer fees and so on.Secondly,it puts forward the specific ideas of the construction of the individual housing property tax system,including the expansion of the tax objects,the scientific setting of tax basis and tax rate,and the improvement of the design of tax deduction and exemption and tax collection and management system.Finally,some Suggestions are put forward for the construction of the corresponding supporting system of individual housing property tax.The legislation of individual housing property tax will make up for the absence of tax in the link of housing ownership in China.It can effectively redistribute the individual stock wealth,restrain the speculation in the real estate market,promote the reasonable return of housing price control,narrow the gap between the rich and the poor,and maintain social equity.When legislating,we must consider the level of our country's economic development and regional differences,and formulate the individual housing property tax system in line with the socialist system with Chinese characteristics.