Proposing the Ho Chi Minh City People's Committee to soon issue a decision to adjust the land price list

Land tax records submitted from August 1, 2024 are facing many difficulties. Therefore, the Ho Chi Minh City Tax Department recommends that the City People's Committee soon issue a decision to adjust and provide guidance on the application of legal documents on land price tables.

From August 1, there is no regulation that the City People's Committee annually submits to the City People's Council for approval of the land price adjustment coefficient as in the old law, so the land price list applied after August 1, 2024 will not apply the land price adjustment coefficient.

In order to promptly resolve the dossier on calculating financial obligations on land in a unified manner to ensure compliance with legal regulations when the 2024 Land Law and Decree 103 of the Government on August 1, 2024, the City Tax Department has sent Official Dispatch 7825 to the Ho Chi Minh City People's Committee stating the difficulties and problems in the process of resolving dossiers at the tax authority when applying Decision No. 02 to cases of applying land prices in the price list according to the provisions of Clause 1, Article 159 of the 2024 Land Law.

The petition stated that from August 1 to August 27, 2024, the Ho Chi Minh City tax authority received a total of 8,808 records, including 346 records of land use fee collection for cases of land use right recognition; 277 records of land use fee collection for cases of land use purpose change; 5,448 records of personal income tax from real estate transfer and 2,737 records of cases where no financial obligations arise (personal income tax from real estate transfer, registration fees, etc.).

Currently, the Ho Chi Minh City People's Committee has agreed on the policy of adjusting and supplementing the 2020-2024 Land Price List in accordance with land prices according to market principles and actual situations.

Accordingly, the new land price list drafted by the Department of Natural Resources and Environment, which will be applied from August 1, will have higher adjusted land prices compared to the current land price list according to Decision No. 02 issued in 2020.

In case the Ho Chi Minh City People's Committee continues to allow the application of the 2020 - 2024 Land Price List, without a land price adjustment coefficient (without a percentage for calculating land rent for cases where the State leases land and collects annual land rent), the calculation of land use fees, land rent, and personal income tax from real estate transfers cannot be carried out in accordance with legal regulations.

Therefore, the Tax Department recommends that the Ho Chi Minh City People's Committee promptly issue a decision to adjust the land price list and provide guidance on the application of legal documents (land price list, land price adjustment coefficient, land rent calculation percentage, etc.) so that tax authorities can promptly calculate financial obligations on land for records arising from August 1.

“In addition, to avoid backlog of complaints affecting the actual needs and legitimate rights of the people, the City Tax Department will report to the General Department of Taxation on the settlement of the above cases of no financial obligations arising when carrying out procedures to grant certificates to people,” the document stated.

Source: https://baodautu.vn/batdongsan/kien-nghi-ubnd-tphcm-som-ban-hanh-quyet-dinh-dieu-chinh-bang-gia-dat-d224048.html