Chương 3 Nghị định 218/2013/NĐ-CP: Thu nhập từ chuyển nhượng bất động sản

Chapter 3.

INCOME FROM TRANSFER OF REAL ESTATE

Article 13. Income from transfer of real estate including income from transfer of land use right; income from the sublease of land of the real estate business enterprises as prescribed by law on land regardless of with or without infrastructure, architectural works attached to the land, income from the transfer of houses and construction works attached to land, including the assets attached to those houses and construction works regardless of with or without transfer of land use right, land lease right and income from the transfer of other assets attached to land;

Article 14. The assessable income from the transfer of real estate is determined by the revenue from the transfer of real estate minus the prime cost of real estate and expenses deducted in relation to the transfer of real estate;

1. The revenue to calculate the assessable income is determined by the actual price of transfer of real estate under the contract of real estate sale and purchase in accordance with regulations of law;

Where the price to transfer the land use right under the contract of real estate sale and purchase is lower than the land price provided for by the People’s Committee of provinces and centrally run cities at the time of contract signing, the price of land provided for by the People’s Committee of provinces and centrally run cities shall be calculated;

2. The time to determine revenue to calculate the assessable income is the time to hand over the real estate;

In case of prior collection of payment under progress, then the time to determine the revenue to calculate the income tax which the enterprise shall temporarily pay at the time of payment collection. The Ministry of Finance shall guide the temporary payment of tax specified in this Clause;

3. Expenses of transfer of real estate deducted:

a) The prime cost of land transferred is determined in accordance with the origin of land use rights as follows:

- For land delivered with collection of land use fee or land lease, then the prime cost is the is the amount of money from land use or land lease actually paid to the State budget;

- For land received with use right from the other organizations and individuals, based on contract and legal vouchers upon receipt of land use right or land lease right; where there are contract and legal vouchers, the prime cost is calculated with the price provided for by the People’s Committee of provinces and centrally run cities at the time the enterprises receive the transfer of real estate;

- For land as capital contribution, the prime cost is the price agreed upon capital contribution;

- For land inherited, donated, offered, given without determination of prime cost, the price of types of land provided for by the People’s Committee of provinces and centrally run cities at the time of receipt of inheritance, donation or offer;

Where the land inherited, donated, offered, given before 1994, the prime cost is determined with the price of types of land decided by the People’s Committee of provinces and centrally run cities in 1994 based on the land price frame of types of land specified in Decree No. 87/CP dated August 17, 1994 of the Government;

b) Expenses for compensation and support when the State recovers land;

c) Types of fee and charge as prescribed by law related to the issue of land use right;

d) Expenses for land renovation and site leveling;

dd) Value of infrastructure and architectural works on land;

e) Other expenses related to the real estate transferred;