Study On The Legislation Of Individual Housing Property Tax In China

With the issuance of provisional measures on the housing property tax in shanghai and chongqing, the reform of housing property tax has been an increasingly hot topic over recent years. Since the decision of levying the property tax during the Third Plenary Session of its Sixteenth Central Committee in 2003, up to now the collection of individual housing property tax in shanghai and chongqing, the thought of tax reform of real estate has become more and more clear. Therefore, it's very urgent to solve these problems, including whether individual housing property tax should be levied or not, and if so, to modify the old law or to make a new one. whether the issuance of housing property tax in shanghai and chongqing is in concordance with legal proceedings and so on. Personally, the property tax reform tends to legislate a comprehensive law by NPC (the National People's Congress) with the individual housing property tax concluded based on tax principle of legalityAlong with the unceasing perfection of socialist market economy, the less commercialized houses, the blocked transaction channels in the case of planned economics system have seen increasingly improved. Owning to the reform of urban housing system, the commodity traits of housing have been regained. Real Estate Industry has seen a mushroom growth and made itself one of major industries of national economy. Especially in recent years, the increasingly high real estate industry marketization, combined with the scarcity and constancy, made a surging market price in the whole Real Estate Industry. Hence, many scholars think that collecting individual housing property tax, however, could further rationalize and balanced or even increase the government revenues. Moreover, the collection of individual housing property tax, can be served as a good medicine to meet public's expectation. By doing so, China can strengthen the regulation and control of real estate so as to curb the pace of price increases. for this reason, with a pilot project of housing property tax in shanghai and chongqing, This study has important theoretical and practical significance.Based on foreign country's experience, this paper concentrates on analyzing the history and the present situation of housing property tax, so as to design our own legislative principles, legislative models,tax factors ect. in the hope of offering some practical advice to the reform of housing property tax, which eventually will contribute to a unifying scientific, perfect law in the near future. Besides, This paper analyses some focuses on individual housing property tax, so as to lay a foundation for further studying of this subject.The research procedures can be listed as follows:Firstly, illustrate some concepts, characteristic, and historical origins of housing property tax, propose the insufficiency and the flaw in housing property tax legislation as well as the presentation of individual housing property tax. Secondly, analyse the necessity and feasibility for the legislation of individual housing property tax,. then make some Comparative Analysis of individual housing property tax between some developed countries and. pilot cities such as shanghai and chongqing. Finally,it indicates the construction of individual housing property tax legal system.The paper consists of six parts, the logical structures can be listed as follows:Part1: Introduction:demonstrate the research background, purpose and research method so as to make a general idea of this paper.Part2:Summarize the housing property tax legal system, discuss the concerned concepts of housing property tax, characteristics, and Historical Origins of housing property tax and propose the insufficiency and the flaw in housing property tax legislation as well as the presentation of individual housing property tax.Part3:Elaborate arguments of focuses on the individual housing property tax collection. mainly in four aspects, including the main objectives (direct and final objectives), the Legal Issues in pilot project of housing property tax.wether there're conflicts between the individual housing property tax and land granting fee as well as the ownership individual housing property tax.Part4:Analyse the necessity and feasibility for the collection of individual housing property tax. the necessity can be stated from five respects, including how to make up for the flaws in the existing law system, how to perfect property tax system to increase the government revenues and then strengthen the economic control and regulation of local government. to promote the development of the property market. adjustment to the gap between the rich and the poor in order to achieve the social fairness.On the other hand, the feasibility for this subject can be discussed from several circumstances, such as Politics, law, economy, talents, technology and international experience and so on.Part5:Make some Comparative Analysis of individual housing property tax between some developed countries and pilot cities such as shanghai and chongqing. Through the Comparative Analysis of legal system between the developed countries such as America, Japan and UK and the provisional measures on the housing property tax in pilot cities such as shanghai and chongqing. Some common and characteristics can be concluded from the western countries with complete legal systems of. housing property tax. Meanwhile some common points can be discovered which can be used as the references and experience on the Legislation of individual housing property tax.Part6:Discuss the establishment of individual housing property tax legal system, which is also the focal and difficult point in this paper. it's designed on the basis of three aspects, namely, legislative principles, legislative model and tax factors, among which the tax factors can be elaborated from various aspects, including the duty payer, tax revenue target, the scope of tax. the tax calculation basis, the tax rate, tax reductions, tax collection and so on.Part7:Conclusion. Hopefully, the conclusions summed up in this paper will do a bit contribution to a united, scientific and well defined housing tax legal system.