Research On The Legislation Of The Real Estate Tax Reform In China

Real estate tax is a kind of property tax.It’s object of taxation is based on the house value or house owns’ profit which made by running the house.China has begun to levy real estate tax as early as the Zhou Dynasty.Now China’s real estate tax law is follow the “Provisional Regulations of the People’s Republic of China on Real Estate Tax”which Promulgated in October 1, 1986.But this law has some loopholes,such as Low level legislation,narrow taxation scope,unscientific tax base and clumsy tax rate,which Cause the law cannot adapt to the current economic development situation or the real estate industry development situation.So the real estate tax legal system must be reform at once.On January 28, 2011, Shanghai and Chongqing city started the property tax pilot work which has took the first step in China’s real estate tax reform.But judging from the pilot work, there are some problems exist such as the program is not lawful, effect is not obvious.So the key of the real estate tax reform should be to promote real estate tax legislation, set up a long-term mechanism of the property tax levy.Outside in some typical countries and regions with mature experience in real estate tax collection and administration,such as which offers a positive reference to our real estate tax reform.First, the real estate tax legislation positioning must conform to the tax legal principle and tax equity principle.Second, the property tax legislation goal is to adjust the distribution of wealth, perfecting local tax system, and increase the local revenue and optimize the allocation of resources.Third, on the design of the system elements adhere to the "wide tax base, less tax, low tax rate" to ensure that the principle of tax revenue collection and management quality, and the effect, the interests of the taxpayers tripartite win-win situation.This article adopts the method of literature study and comparative analysis,and Divided into five parts on the legislation of Chinese real estate tax research.The first part discusses around the nature of the real estate tax, and point out that real estate tax is a kind of property tax and local taxes. At the same time, the essay discusses the legitimacy of the property tax, from real estate tax can be taxed, a target of the legitimacy of the legitimacy and imposing program three aspects to verify its legitimacy. The second part based on the basic national conditions, detailed introduction to the history of the real estate tax system in China and the reform of the current work, analyze its insufficiency and the reason, indicate the real estate tax legislation is fundamental to promote the reform of current real estate tax work. The third part to stand in the Angle of the perfect tax law system in China, the analysis of real estate tax reform for our country the whole real estate, the tax system, and the influence of regional economy.Draw lessons from the successful experience of the countries around the world use of property tax, clear target selection for the legislation of property tax in China. The fourth part first points out that China’s real estate tax legislation must conform to the tax legal principle and the tax fair principle,then combining with the reality of our country, and finally make a reasonable design of the tax elements in our Real Estate Tax legislation such as taxation object, taxpayers, tax calculation basis, tax rate, tax management and tax base assessment.The author hope this paper can also speed up the process of our real estate tax reform.