Instructions on how to pay taxes on real estate purchases and sales online-Văn Phòng Luật Sư Trương Quyền

Currently, tax payments when transferring real estate can be paid online. Below are instructions on how to pay taxes on real estate sales online:

1. Taxes and fees that must be paid when buying and selling real estate:

The first, personal income tax:

Pursuant to Clause 5.4 Article 3 Consolidated Document No. 15/VBHN-VPQH 2014 consolidating the Law on Personal Income Tax, taxable income including real estate transfer, including:

– Income from transfer of ownership or use of housing.

– Income from transfer of land use rights and assets attached to land.

– Income from transferring land lease rights and water surface lease rights.

– Other income received from real estate transfer in any form.

Personal income tax payable = Transfer price x Tax rate

In there:

– Transfer price is the price stated in the transfer contract at the time of transfer: applicable to cases of land use rights transfer without construction on the land.

– Transfer price is the price stated in the transfer contract at the time of transfer: applicable to the transfer of land use rights associated with construction works on land, including houses and construction works formed in the future. .

– Transfer price is the price stated in the contract at the time of transfer of ground or water surface lease rights: in case of transfer of land or water surface lease rights.

– Tax rate: 2%

Note: The time to calculate tax from real estate transfer is determined as follows:

+ Tax calculation time is the time the transfer contract takes effect according to regulations: applicable to cases where the transfer contract does not have an agreement that the buyer is the taxpayer on behalf of the seller.

+ The time of tax calculation is the time of carrying out procedures to register ownership and use rights of real estate: applicable in cases where the transfer contract has an agreement that the buyer is the taxpayer on behalf of the seller.

+ Tax calculation time is the time when there is an agreement that the buyer will pay tax on behalf of the seller: applicable to cases where individuals receive transfers of houses to be formed in the future, land use rights associated with construction works. future.

Monday, registration fee:

According to the provisions of Decree No. 10/2022/ND-CP, regulations on buying and selling real estate are subject to payment of fees and registration fees when registering land changes. Registration fee payment rates when buying and selling real estate are as follows:

Registration fee = registration fee rate (%) x Real estate value received

In there:

+ Real estate value: is the land use right received based on the State price prescribed by the Provincial People's Council in the place where the land is located.

+ Registration fee rate: According to the provisions of Clause 1, Article 8 of Decree 10/2022/ND-CP, the registration fee rate for real estate is 0.5%.

– In case the transfer price is higher than the house or land price prescribed by the Provincial People's Committee: the price to calculate the registration fee for the house and land is the price in the land use rights transfer contract, house purchase and sale contract according to the law. recipe:

Registration fee = 0.5% x Transfer price

– In case the transfer price is lower or equal to the house and land price prescribed by the Provincial People's Committee

Registration fee = 0.5% x Area x Price of 01 m2 at Land Price List

(applies to land transfer)

Registration fee = 0.5% x (Area x Price of 01 m2 x Percentage (%) of remaining quality)

(applies to house transfers)

Tuesday, Land use tax: users of agricultural land or non-agricultural land must pay land use tax.

Wednesday, feesIs the land use right certificate granted:

When carrying out land change registration procedures, if there is a request to reissue the Land Use Rights Certificate, the inheritor must pay this fee.

Currently, the fee for granting Land Use Rights Certificates will be regulated by the Provincial People's Council where the land is located, however the fee is less than 100,000 VND/Certificate/issue.

Thursday,Document appraisal fee:

According to the provisions of Point i, Clause 1, Article 5 of Circular 85/2019/TT-BTC, application appraisal fees to issue Land Use Rights Certificates will be regulated by each locality regarding the area size of the land plot. The complex nature of each type of dossier, the land use purpose and specific local conditions determine the fee level for each case.

2. Instructions on how to pay taxes on real estate purchases and sales online:

Step 1:Citizens access the national public service website.

The interface appears on the screen and people click on the expanded menu and click on online payment.

Step 2:In the "Citizen" section, people click on "Pay taxes and registration fees on land and property".

Then click on "Payment of land financial obligations".

Step 3:The screen interface currently requires logging in to a national public service portal account (in case someone does not have an account, click to register an account).

Step 4: Completely fill in the file code information and identity card number or citizen identification number of the land user, land transferor or transferee of land and assets attached to land.

Then press “look up”.

Step 5: The screen will display information about specific assets (land plot number, map number, land plot address) and financial obligation payment information (taxpayer, notification number, content of payments). state budget, amount and payment deadline).

Step 6:People choose to pay via bank or e-wallet, and finally click "Pay" to complete the payment of financial obligations.

3. Penalties for late payment of real estate transfer tax:

Pursuant to Article 13 of Decree No. 125/2020/ND-CP stipulating violations of the tax declaration submission deadline as follows:

Violation	Penalty level
The act of submitting tax declaration documents beyond the deadline from 01 day to 05 days and there are extenuating circumstances	Caution
The act of submitting tax declaration documents beyond the deadline from 01 day to 30 days	Fine from 2 million to 5 million
The act of submitting tax declaration documents beyond the prescribed time limit from 31 days to 60 days	Fine from 5 million to 8 million
Submit your tax return 61 to 90 days beyond the prescribed time limit	Fine from 8 million to 15 million
Submitting a tax declaration 91 days or more beyond the prescribed time limit but not incurring any tax payable
Failure to submit tax declaration but no tax payable arises
Submitting a tax declaration more than 90 days after the deadline for submitting the tax declaration, resulting in tax payable and the taxpayer has paid the full tax amount and late payment interest to the state budget before the deadline. The point at which the tax authority announces the tax audit or tax inspection decision or before the tax authority makes a record of the late submission of tax declaration documents.	Fine from 15 million to 25 million

Legal documents used in the article:

Consolidated Document No. 15/VBHN-VPQH 2014 consolidates the Law on Personal Income Tax.

Circular No. 92/2015/TT-BTC guiding the implementation of value added tax and personal income tax for resident individuals with business activities; Guiding the implementation of a number of amendments and supplements to personal income tax specified in the law amending and supplementing a number of articles of tax laws No. 71/2014/Qh13 and Decree No. 12/2015/ Decree-CP dated February 12, 2015 of the government detailing the implementation of the law amending and supplementing a number of articles of tax laws and amending and supplementing a number of articles of tax decrees

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