Beijing explicitly forbids developers to collect deed tax or special maintenance money on their behalf



On April 7, the Beijing Municipal Commission of housing and urban rural development issued the notice on prohibiting real estate development enterprises from illegally collecting deed tax and residential special maintenance funds (hereinafter referred to as the notice). Among them, it is clear that real estate development enterprises are not allowed to collect or pay deed tax and residential special maintenance funds.

In the view of the industry, with the implementation of the notice, nonstandard operations such as “deed tax and commercial housing sales bundling” and “real estate development enterprises misappropriating deed tax and residential special maintenance funds” that have existed in Beijing real estate market for a long time will be corrected.


北京明令禁止开发商代收契税或专项维修金

The relevant funds are subject to strict supervision

Due to the influence of historical problems, real estate projects have been registered according to the normal procedures for a long time, and they still can’t get the certificate of property right after many years of housing purchase, which is a strong pain point for people’s livelihood. At present, there is a solution to this problem.

According to the latest “notice” issued by Beijing Municipal Commission of housing and urban rural development, according to the current “Provisional Regulations on deed tax” and the “deed tax law” to be implemented in the second half of the year, the taxpayer should be the buyer and the tax collection authority should be the tax department. According to the relevant regulations on the management of special maintenance funds for residential buildings, the special maintenance funds should also be paid to the designated account.

Specifically, the main contents of the notice are three “no”: first, in the process of new commercial housing transactions, real estate development enterprises are not allowed to collect and pay the deed tax and special residential maintenance funds that should be paid by the buyers. Second, real estate development enterprises should not take the deed tax or residential special maintenance funds collected from buyers as the precondition of commercial housing sales and delivery. Third, if the buyer needs to pay the deed tax or the special maintenance fund for the residence, he can entrust the development enterprise or a third party to handle it, but the corresponding funds shall not be transferred to the development enterprise or other third party accounts.

When it comes to the background and necessity of the announcement, the relevant person in charge of Beijing Municipal Commission of housing and urban rural development said that the announcement of the announcement is to effectively protect the legitimate rights and interests of house purchasing families.

“In the daily supervision work, through the 12345 citizen hotline, letters and visits, hotline consultation and other channels, we have received the public’s feedback that some development enterprises will take the collection of deed tax and residential special maintenance funds as the preconditions when they sell and deliver the commercial housing, but some development enterprises fail to pay in time after the collection, resulting in the purchase of real estate can not be registered, which infringes the purchase group The interests of all. ” The relevant person in charge of the Beijing Municipal Commission of housing and urban rural development said.

Li Naichao, President of Beijing Real Estate Chamber of Commerce, also pointed out to Beijing Business Daily that in the past, the declaration and payment of deed tax on commercial housing in Beijing had been collected by real estate development enterprises in the sales of commercial housing, and some enterprises also forced to bundle the deed tax with the sales of commercial housing. And some chaos also appeared, for example, real estate enterprises misappropriated the deed tax for other purposes, individual real estate enterprises even fled with money, seriously harming the rights and interests of house buyers.

In Li Naichao’s view, the release of the notice can effectively avoid the subsequent problem of “the owner’s house is difficult”, and at the same time, it can avoid the illegal acts of real estate development enterprises, such as illegal misappropriation of deed tax and residential special maintenance funds, to a certain extent.

Owners are expected to speed up the pace of taking the house

As for the new deal “benefiting the people’s livelihood”, the public is generally concerned: before the announcement of the notice, what should be done with the deed tax and special housing maintenance funds collected?

In this regard, the “notice” requires that the competent departments of housing and urban rural construction in each district should timely investigate the conditions of the projects that have collected deed tax and special housing maintenance funds within their jurisdiction, and order the development enterprises to pay to the relevant departments immediately if they have the conditions for payment; if they do not have the conditions for payment temporarily, they should return the houses to the repurchase person or transfer them to the regulatory account designated by the local government for collection funds, until they have the conditions for payment After that, the buyer shall be informed in time to go through the payment procedures.

At the same time, the reporter also learned from the Beijing Municipal Commission of housing and urban rural development that due to the development of deed tax collection and public maintenance funds, the projects that can not be applied for certificates by house purchasing families will be included in the real estate registration class of historical legacy projects in various districts to coordinate and promote the solution.

A person in charge of the Beijing Municipal Commission of housing and urban rural development said that if the embezzlement of deed tax and public maintenance funds is suspected to be illegal and criminal, the clues will be transferred to the public security department to crack down.

“It can be said that the government has taken a small step to prohibit real estate development enterprises from collecting deed tax or special residential maintenance funds on behalf of buyers, but it is convenient for buyers.” Talking about the significance of the announcement, Zhang Dawei, chief analyst of Zhongyuan Real estate, told Beijing business daily.

Zhang Dawei said frankly that the promulgation of the “notice” has accelerated the speed of the owners’ acquisition of real estate. “In the past, it took more than a year for buyers to get the real estate book after they bought a house. Now, the speed of getting the real estate book will definitely speed up.”

Buyers can declare by themselves

It is reported that the notice will be implemented from the date of its promulgation on April 7.

It is worth mentioning that the notice also gives a detailed description of the channels for buyers to pay deed tax and special residential maintenance funds.

In terms of deed tax, buyers can declare and pay taxes to tax authorities by themselves. The tax authorities will provide convenient tax declaration channels for house buyers through the combination of one window processing and online declaration. At the same time, they will strengthen the cooperation with the real estate registration department, and actively promote one window processing of tax payment and certificate processing. Buyers can also call the tax service hotline 12366 for detailed consultation.

In terms of special maintenance funds for housing, buyers should pay in full the special maintenance funds for housing before going through the housing check-in procedures. If the buyer pays the special maintenance fund for the residence, he / she can hold the notice on payment of the special maintenance fund issued by the real estate development enterprise to deposit it at each branch of the Beijing special maintenance fund account management bank, or pay by scanning the code online through the website of the municipal housing fund management center. The address of the branch of the special account management bank can be inquired through the official website of the municipal housing fund management center. Buyers can also call the housing provident fund service hotline 12329 for detailed consultation.

Beijing Business Daily reporter Lu yangronglei

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