Key year of tax legislation: two new laws basically determine the suspension of real estate tax law

category:Finance
 Key year of tax legislation: two new laws basically determine the suspension of real estate tax law


Two laws of urban construction tax and deed tax are expected to pass

Therefore, the revised legislation law in 2015 makes it clear that the basic tax systems, such as the establishment of tax categories, the determination of tax rates and the management of tax collection, can only formulate laws, that is, tax laws. In order to implement the principle of statutory taxation, the Standing Committee of the National Peoples Congress proposed that it would strive to complete the statutory task of taxation by 2020, and raise or abolish the Provisional Regulations on taxation.

After more than five years, six taxes, including environmental protection tax, tobacco tax, ship tax, land occupation tax, vehicle purchase tax and resource tax, have completed the legislative work. In addition to the corporate income tax, personal income tax and vehicle and ship tax that existed in the form of law before 2015, up to now, there are 9 tax laws in China.

However, this years epidemic prevention and control has had an impact on the legislative work, and the national two sessions have been postponed. Considering the impact of the epidemic, the slowdown of economic growth and the implementation of the six stabilities and six guarantees, in order to ensure the stable development of the economy and society, it should be said that the original tax legislation process has slowed down. Wang Huayu, deputy director of the research center of Finance and tax law of Shanghai Jiaotong University, told the first financial reporter.

Liu Jianwen, President of the finance and Tax Law Research Association of China law society, analyzed the first financial reporter. These two taxes are small and the legislative conditions are mature, so they are likely to be passed this year.

Shi Jianwen, director of the research center of Finance and tax law of China University of political science and law, also believes that the two tax laws are basically the translation of the previous Interim Regulations of the State Council, and it should be ok if they are approved in August.

Real estate tax law, value-added tax law, etc. may not be preliminarily reviewed

The above-mentioned legislative work plan also indicates that the legislative taxes with mature conditions will be considered for the first time in due time.

In addition to the above two tax laws, it is very likely to complete the legislative process, there are eight tax categories that have not yet completed the statutory tax, of which stamp tax, land value-added tax, value-added tax and consumption tax have been publicly solicited for opinions, and customs duty, real estate tax, urban land use tax and real estate tax have not yet been publicly solicited for opinions. Experts generally believe that the real estate tax will replace the real estate tax and urban land use tax. Therefore, there are six kinds of taxes that need to complete tax legislation, namely stamp tax, land value-added tax, value-added tax, consumption tax, tariff and real estate tax.

According to Shi, from the perspective of the taxes that have completed the tax legislation at present, one of the basic characteristics is that the taxes are small, the income is not high, and the current interim regulations are basically translated to the law, so the reform is not difficult and it is easy to complete the legislation. Therefore, according to the principle that tax legislation is easy before it is difficult, stamp tax, land value-added tax and consumption tax may be listed in the preliminary examination catalogue of the Standing Committee of the National Peoples Congress.

According to Wang Huayus analysis, taxes that are not yet fully mature or have a certain impact on economic and social impact will be timely promoted. For example, the real estate tax law, value-added tax law, consumption tax law and tariff law involve tax rate adjustment, tax system structure, opening up to the outside world and real estate market, some of which may have less impact, but will cause certain fluctuations in market expectations. From the perspective of seeking stability, they should be suspended moderately.

In this years situation, the real estate tax law will definitely not be submitted to the Standing Committee of the National Peoples Congress for deliberation. The legislation of value-added tax of the first largest tax category is relatively complex, and a small clause change has a wide range of influence. Therefore, the government is still seeking opinions from all parties to modify and improve it. This year, it may strive to submit the draft value-added tax law, consumption tax law and tariff law to the Standing Committee of the National Peoples Congress before the end of the year, but not for deliberation. This will lay a solid foundation for further tax legislation. Shi Zhiwen said.

Promoting tax legislation with high quality

Liu Jianwen found that in recent years, the legislative trend has changed from focusing on quantity to focusing on quality, emphasizing the operability of legislation, because only good laws can be good governance.

At present, the legislative disputes such as value-added tax law, consumption tax law and tariff law are not too big and should be promoted more quickly. The tax collection and management law (Amendment) and the real estate tax law may be a little later, and it is more likely to launch timely when the substantive tax legislation (Amendment) is basically completed and the economic and social development is relatively stable. Wang Huayu said.

Shi said that even if some tax laws are not submitted to the Standing Committee of the National Peoples Congress for deliberation this year, we should also do a good job in the design of draft laws, soliciting opinions, research and demonstration, so as to lay a solid foundation for the next tax law deliberation and strive to complete the reform task of fully implementing the legal principles of taxation as soon as possible. A number of experts in finance and tax law believe that after the new round of tax reform, Chinas tax system is basically mature and finalized, the overall improvement of the legal level of the substantive tax law is expected to be realized, and the legislative opportunity to formulate a general principles of tax law governing the tax law system and defining the basic issues in the field of tax law is ripe. The formulation of separate legislation is only the first step to implement the legal principle of taxation. In order to make the legal principle of Taxation run through the whole process of the formulation and implementation of the law of Finance and taxation and move from formal justice to substantive justice, it is also necessary to coordinate the legal norms in the field of Taxation in China and formulate the general principles of tax law as soon as possible. The legal position of the general principles of tax law should be parent law or quasi constitution in the field of tax law, which is of great significance for the implementation of the principle of tax law. Liu Jianwen said. Extended reading of China Securities Regulatory Commission: the listing of low sulfur fuel oil futures in China has led to a surge in deposits of large US banks. Since January, it has poured into US $2 trillion. In June, LPR came out: both one-year and five-year varieties are the same as last month. Source: first Financial Editor: Wang Xiaowu_ NF

Shi said that even if some tax laws are not submitted to the Standing Committee of the National Peoples Congress for deliberation this year, we should also do a good job in the design of draft laws, soliciting opinions, research and demonstration, so as to lay a solid foundation for the next tax law deliberation and strive to complete the reform task of fully implementing the legal principles of taxation as soon as possible.

A number of experts in finance and tax law believe that after the new round of tax reform, Chinas tax system is basically mature and finalized, the overall improvement of the legal level of the substantive tax law is expected to be realized, and the legislative opportunity to formulate a general principles of tax law governing the tax law system and defining the basic issues in the field of tax law is ripe.

The formulation of separate legislation is only the first step to implement the legal principle of taxation. In order to make the legal principle of Taxation run through the whole process of the formulation and implementation of the law of Finance and taxation and move from formal justice to substantive justice, it is also necessary to coordinate the legal norms in the field of Taxation in China and formulate the general principles of tax law as soon as possible. The legal position of the general principles of tax law should be parent law or quasi constitution in the field of tax law, which is of great significance for the implementation of the principle of tax law. Liu Jianwen said.