On The Dilemma And Solution Of China’s Real Estate Tax Legislation

Since the beginning of the 21st century,the exploration and research on real estate tax in our country has reached its peak.On January 28,2011,Chongqing and Shanghai launched a pilot project of real estate tax reform,levying real estate tax on part of the residences owned by individuals,that is,levying personal housing real estate tax.In 2013,it mentioned "speeding up real estate tax legislation and advancing reforms in due course".In 2015,the real estate tax law was included in the legislative plan of the 12th National People’s Congress Standing Committee.On May 11,2021,the Ministry of Finance,the Budget Working Committee of the Standing Committee of the National People’s Congress,the Ministry of Housing and Urban-Rural Development,and the State Administration of Taxation held a work symposium on the "Real Estate Tax Reform Pilot".On October 23,2021,the State Council was authorized by the Standing Committee of the National People’s Congress to carry out pilot work in some regions.On March 17,2022,the relevant person in charge of the Ministry of Finance stated that considering all aspects of the situation,the conditions for expanding the pilot cities for real estate tax reform will not be met within this year.China’s real estate tax legislation,up to now,has been hindered by the rapid development and changes of the epidemic,economy,policies,industries,etc.,not only because of unsuitable background conditions,but also because of legislative technology and value considerations.By studying the dilemma of real estate tax legislation,this paper puts forward relevant suggestions to break the legislative dilemma,clearing obstacles for real estate tax legislation,and promoting the legislative process.The legal dilemma of real estate tax legislation includes the legal basis behind the legislation,the spirit of legislation,the level of legislation and the mode of legislation.In this regard,this paper proposes to correctly understand that the legal basis of real estate tax is levied on the basis of "benefit";legislation should follow the spirit of taxation and adjust polarization;improve the legislative level of real estate tax related taxes,and clarify the route of reform after legislation;Dialectically look at the functional orientation of real estate tax legislation.The institutional obstacles of real estate tax legislation include the problem between the real estate rights system and real estate tax,and the division of central and local financial power and tax power.In this regard,this paper specifically discusses the obstacles of the real estate rights system to the real estate tax legislation and the role after the reform,and proposes to play the leading role in the reform of the real estate rights system to provide a feasible path for real estate tax legislation;Local governments,such as the power to interpret tax laws,formulate implementing regulations,and appropriately adjust tax rates.Practical obstacles to real estate tax legislation include tax system design and technical support.Based on the three major elements of tax system design,this paper proposes that real estate tax should be adapted to local conditions,focusing on disputes over tax objects,and proposes the taxation of incremental and stock houses,as well as the scope of reduction and exemption;the collection of real estate tax also needs to improve the dynamic value of real estate as soon as possible The evaluation system is coordinated with the unified real estate registration system.Potential risks to real estate tax legislation include tax administration and financial stability issues.From the perspective of the government,tax collection and management are prone to problems of mismatched collection models and difficulty in collection and management.From the perspective of taxpayers,new problems of inequity in tax burden,inconvenient tax payment and blank relief policies appear.Real estate is the leader of my country’s economy,so real estate tax will directly affect financial stability.In this regard,this paper puts forward suggestions on the reform of tax collection and management and two major measures to prevent financial risks,such as cleaning up local government financing platforms and reducing the proportion of housing-related loans.