How do residents get their personal income tax refunded when they buy a house? Interpretation of the official release

　　How do residents get their personal income tax refunded when they buy a house?

　　Taxpayers who change houses from this month to the end of next year can enjoy the tax rebate policy

　　In order to support residents to improve their housing conditions, the Ministry of Finance and the State Administration of Taxation issued the "Announcement on Individual Income Tax Policies for Supporting Residents to Exchange Houses".

According to the announcement, from October 1, 2022 to December 31, 2023, taxpayers who sell their own houses and repurchase their houses in the same city within one year after the current houses are sold can apply for a refund of their sales according to regulations Personal income tax paid on the current residence.

　　Regarding how residents can enjoy this tax rebate policy, the State Administration of Taxation issued the "Interpretation of the Announcement of the State Administration of Taxation on Matters Concerning the Collection and Administration of Individual Income Tax Policies for Supporting Residents to Exchange Houses" (hereinafter referred to as the "Interpretation"), which detailed the details of the policy. explain.

　　Who are eligible for the tax refund policy?

　　"Interpretation" said that between October 1, 2022 and December 31, 2023, taxpayers who sold their own houses and repurchased houses in the market within one year after the sale of their existing houses have paid for their existing houses. personal income tax refund.

　　For example, the taxpayer Xiaozhou sold a house in December 2022 and re-purchased a house in the same city in July 2023. Since Xiaozhou sold and purchased a new house from October 1, 2022 to 2023 During the period of December 31, 2019, it meets the time conditions stipulated in the policy.

　　Under what circumstances can I get a full personal income tax refund?

　　During the period from October 1, 2022 to December 31, 2023, for taxpayers who meet the tax refund conditions, when the amount of the newly purchased house is greater than or equal to the transfer amount of the current house, the paid individual income tax will be fully refunded; When the amount of the house purchased is less than the transfer amount of the current house, the individual income tax paid for the current house shall be refunded according to the proportion of the amount of the newly purchased house to the transfer amount of the current house.

The calculation formula is:

　　1. If the amount of the newly purchased house is greater than or equal to the transfer amount of the current house, the tax refund amount = the individual income tax paid at the time of the transfer of the current house; Housing transfer amount) × personal income tax paid when the current housing is transferred.

Among them, the original house transfer amount and the newly purchased house amount do not include value-added tax.

　　For example, in December 2022, Xiao Yang sold a house with a transfer amount of 2.4 million yuan and a personal income tax of 40,000 yuan.

In May 2023, it re-purchased a house in the same city with a newly purchased house amounting to 3 million yuan.

Assuming that Xiao Yang also meets other conditions for enjoying the personal income tax policy for the exchange of housing, since the amount of the newly purchased house is greater than the transfer amount of the current house, the tax refund amount that Xiao Yang can apply for is 40,000 yuan of the personal income tax paid when the current house is transferred.

If Xiao Yang's newly purchased house is 1.5 million yuan, the tax refund amount that can be applied for is 25,000 yuan (150÷240) × 4 (assuming that the above prices are all excluding value-added tax).

　　The time of selling the house is subject to the "tax payment time"

　　The "Interpretation" makes it clear that the time to sell the existing house is subject to the time when the taxpayer sells the house for personal income tax payment.

If the newly purchased house is a second-hand house, the time of purchasing the house shall be subject to the tax payment time of the deed tax when the taxpayer purchases the house or the registration time stated in the real estate certificate.

The tax authority will pre-fill the above tax-related information for the taxpayer, and the taxpayer can check with the time marked on the tax payment certificate obtained when paying the tax.

If the newly purchased house is a new house, the time of purchasing the house shall be subject to the time when the housing transaction contract is filed in the housing and urban-rural development department, and the taxpayer can fill in the housing transaction contract according to the facts.

　　Where should taxpayers apply for a personal income tax refund?

According to the "Interpretation", if a taxpayer enjoys the personal income tax refund policy for residents' exchange of housing, they should apply to the competent tax authority that collects the personal income tax on the income from the transfer of the existing house, that is to say, which tax authority paid the personal income tax when the taxpayer sold the house, Which tax authority to apply for tax refund.

　　The taxation department implements a one-window system of real estate registration taxes and fees. Under normal circumstances, taxpayers should pay the personal income tax on the income from the transfer of the current house in the local government service hall or real estate trading hall, etc., so they should still go to the government service hall or real estate transaction. If the tax refund application is filed by the hall, if the local tax authority stipulates otherwise, it shall be processed in accordance with the regulations.

　　How to get a tax refund for a house owned by more than one person

　　For the sale of houses jointly held by multiple persons or the newly purchased houses jointly held by multiple persons, the amount of the taxpayer's current house transfer or the amount of newly purchased houses shall be determined according to the taxpayer's share of property rights.

　　For example, Xiao Li and Xiao Ma jointly own a house, each holding 50% of the property rights.

In January 2023, the two transferred the house at a price of 2 million yuan, and each paid 20,000 yuan in personal income tax.

In May of the same year, Xiao Li re-purchased a house at the price of 1.5 million yuan in the same city. When Xiao Li applied for a tax refund, the transfer amount of his current house was 1 million yuan (200 × 50% = 100), and the amount of the newly purchased house was 1 million yuan. 1.5 million yuan, the tax refund amount = the personal income tax paid when the current house is transferred = 20,000 yuan.

　　In July of the same year, Xiaoma and others jointly bought a house for 2 million yuan in the same city, and Xiaoma accounted for 40% of the property rights.

When Xiaoma applies for a tax refund, the amount of the current house transfer is 1 million yuan (200×50%=100), the amount of the newly purchased house is 800,000 yuan (200×40%=80), and the tax refund amount = (the amount of the newly purchased house ÷ The current housing transfer amount) × the personal income tax paid when the current housing is transferred = 80/100 × 2 = 16,000 yuan (assuming that the above prices are all excluding value-added tax).

　　Text / reporter Cheng Jie