How to reasonably account for the cost of land acquisition by housing enterprises in the form of equity, two practical cases, reference and guiding significance for everyone's reference。

Case background1

AThe company holds industrial land100Mu, now independent transformation, used for commercial development, a housing enterprise intends to pass the acquisitionA公司100%The land is acquired by means of equity, and the equity payment consideration is 18000In addition, the subsequent change of land needs to pay land transfer fees5.5Hundred million yuan, another need to bear the originalACompensation cost for demolition of the company's above-ground building industrial plant。Present causeAThe company has no real estate development qualification, and it is considered to increase the number while the main body remains unchangedAThe company's business scope is to carry out follow-up project development. In this case, can the land price and demolition compensation invested in the early stage be accounted for as the development cost？

Reply: InAIf the company (without real estate development qualification) remains the same as the main body of the company, the original industrial land cost should be considered to increase the business scope, and the land cost is the original land transfer fee (already accounted for).+The land transfer fee paid later may be deducted as the development cost;The demolition compensation cannot be deducted as the development cost, because it is equivalent toAWhen the company demolishes its own houses, the demolition cost cannot be accounted as the development cost, the land value-added tax cannot be deducted as the deduction item, and it should be treated as the asset disposal. The loss of asset disposal can be included in the non-operating expenditure and deducted before the enterprise income tax。What needs to be reminded is: How can the cost of the above-ground demolition be included in the cost？In the actual acquisition of land, it is necessary to communicate with the relevant government departments, the following operational experience for reference:

In the case of land denaturation (former industrial land becomes commercial land), byAThe company obtains land through the establishment of a wholly-owned subsidiary, provided that the government's bid and auction agreement indicates the status quo transfer, (Status transfer - land acquired through a wholly-owned subsidiary can not be subject to the investment proportion of the Land Resources Bureau25%The restrictions can be directly transferred。Otherwise investment is needed to build it25%Before it can be transferred, there will be a huge time cost problem。In this way, when the land is acquired, the wholly-owned subsidiary has to compensate for the building on the spot, and then through the acquisition of the wholly-owned subsidiary100%At this time, the demolition compensation can be legitimately accounted for as the development cost, that is, the demolition cost can be used as the development cost as the land increase liquidation deduction item。Under this mode of operation, it should be noted that the original evidence such as the contract (land transfer agreement), evaluation report, compensation evidence should be substantiated to form a true, complete and reasonable evidence chain。

Case background2

B公司2016Acquired a piece of land through its wholly-owned subsidiary, afterCCompany through100%We bought it out as an equity buy-outBThe company carries out follow-up project development。The purchase agreement specifies the transfer price1.2100 million yuan, additional agreement needs to be delivered to the other party3500Flat estate。

（1Additional delivery3500Whether flat property can be recorded as development cost？

（2Is there a difference between a buyout with an individual as a shareholder and a buyout with a company as a shareholder？

（3Whether the transition fees paid for late delivery can be accounted for as development costs？

回复：（1Additional agreed delivery3500Leveling the property to the other party is actually equivalent to a part of the consideration of the equity transfer payment and cannot be accounted for as a development cost。Plus, your company delivered it3500Flat real estate needs normal sales processing, because you will not actually receive money, both sides of the transaction can3500Flat real estate as equity acquisition consideration, do the current account processing, equivalent to the two sides of the exchange, the later property delivery, do the current offset processing can be。

（2With respect to shareholder acquisition status, the main difference between an individual and a corporation is that the individual shareholder pays in dividends20%Personal tax issues, the company's shareholders dividend dividend does not have personal tax issues, need to consider the subsequent development of real estate use, planning, weighing the cost of taxes and fees, choose a reasonable acquisition of the main identity。

（3The transition fee paid, in essence, is the real estate is not handed over on time, the penalty paid, can not be included in the development cost, can be included in the non-operating expenditure, can be deducted before income tax。