REALWorld Law

Taxes

Taxation of acquisitions

What taxes are payable in relation to the purchase of real estate via the various types of corporate vehicle available and who is responsible for the payment of these taxes?

China

China

Property transfer

In a property transfer, the taxes paid by the purchaser of real estate are as follows:

  • Deed Tax: 3 to 5% of the purchase price, and
  • Stamp Duty: 0.05% of the purchase price

Individual buyers may enjoy a favourable deed tax rate or be exempted from paying the stamp duty provided that required conditions have been satisfied.

In a property transfer, the taxes payable by the seller of real estate are as follows:

  • Stamp Duty: 0.05% of the purchase price
  • Land Value Added Tax: Progressive scale ranging from 30% to 60% depending on the amount of taxable gains derived from the transfer of real property
  • Value Added Tax: 9% of the gross sales proceeds which will be passed through to the purchaser to pay. If the real estate properties were acquired by the seller before 30 April 2016, the seller may opt for a simplified tax method, ie apply a reduced VAT rate of 5% on the gross sales proceeds which will be borne by the seller itself, and
  • Income Tax (for enterprise): 25% of net profit (consolidated with the enterpriseʼs annual profit)

Share transfer

In a share transfer, the taxes paid by a purchaser of a real estate company are as follows:

  • Stamp Duty: 0.05% of the share transfer price

In a share transfer, the taxes paid by a seller of a real estate company are as follows:

  • Stamp Duty: 0.05% of the share transfer price
  • Income Tax (for enterprise): 25% (consolidated with the enterpriseʼs annual profit and foreign enterprises not maintaining establishments in China are taxable on their income and gain on a gross withholding basis at the rate of 10%)
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