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China Tax Roundup: Real Estate, Social Security, and Mooncakes

On August 12 a new interpretation of China's Marriage Law by the Supreme People's Court stated that a spouse has no share of ownership of property bought in mortgage by the other spouse before marriage.
By LAURENCE E. LIPSHER - CPA ADMITTED TO PRACTICE IN THE PEOPLE'S REPUBLIC OF CHINA
Published: October 02, 2011
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I began playing politics in California in 1960 when I got involved in the movement to draft Adlai Stevenson as the 1960 Democratic Party presidential nominee. I have continued having political interests, albeit on a more international basis, after moving to the other side of the Pacific in 1990. I thrived on information gathered during visits to Washington, Sacramento, or Los Angeles in the past. Now I’m close to the source of political policy in Beijing and Guangzhou, and in Bangkok, Singapore, and Delhi as well, cities where there is tremendous power being wielded by brokers who do not want to be represented in the press. I respect their wishes, but it is hard to believe that I’ve been here long enough to witness these individuals rise to positions of power.

These movers and shakers are concerned about inflation — scared out of their minds is more like it. They want to curb speculation, but they worry about how to do it. On August 17 the central government in Beijing announced policy directives, effective immediately, requiring provincial governments to report progress in curbing rising home prices. Taxing short-term sales has a lot to do with cooling off the market. The government will start with the major cities first. According to an August 18 article in the Beijing edition of the China Daily, the central government is preparing a list of additional cities where home purchasing restrictions will be imposed.

Currently, 40 cities throughout the country have new tax duties based on gross selling price, for sales under two years. It is projected that an additional 30 cities will come under this policy, which will definitely affect the housing market and rising prices — if the tax is high enough to be a deterrent. If it is not sufficiently punitive, the real estate speculation frenzy will continue.
 
I believe this is a prelude to a property tax system, as well as the development of both bureaucracies and ancillary private businesses to support it. Some type of property tax must be instituted as cities and townships run out of land to sell, because land sales are the overwhelming revenue producers throughout the country.
 
How well additional cities will fare is open to conjecture as long as dual contracts, which I have mentioned in previous articles, are prevalent. The true stamp tax/capital gains tax from short-term holding of property will never be known, as long as there is no verification process to determine whether the contract prices submitted to the government are realistic. I see this as a definite area of bureaucratic abuse — especially the further removed from the central government you are.
 
 On August 12 a new interpretation of China’s Marriage Law by the Supreme People’s Court stated that a spouse has no share of ownership of property bought in mortgage by the other spouse before marriage. Under this interpretation, work in the home by the spouse would not entitle him or her to any compensation in property in the event of divorce. Under prior interpretations of the law, a house purchased before marriage is jointly owned by both spouses after marriage, regardless of who paid for the property. Consequently, this new interpretation is going to create some controversy.
 
Many view this as just another effort to curb housing prices. There are jokes about parents driving up real estate prices in the first-tier cities by demanding that the couple have its own home before consenting to their daughter’s marriage.
 
No, it won’t stop prices from rising. It will create a growing number of legal specialists in divorce litigation because of the high incidence of divorce that China is now experiencing. I expect an awful lot of tax-evaded transactions to show up as disputed assets in Chinese divorce court. I wonder if the State Administration of Taxation (SAT) will assign someone to monitor these cases.
 
Tax enforcement is obviously necessary to price stability. It is not going to happen overnight. Both property taxes and capital gains taxes are law. Yet until all sales contracts are recorded and verifiable, making that true sales price subject to tax, it simply won’t be a deterrent.
 
 We’ve just discussed the national handling of spousal ownership. The localities are now chiming in.
 
The August 30 issue of China Daily cites Nanjing’s take on the matter. On August 23, 11 days after the central government reclassified its views of property ownership, Nanjing’s municipal tax authorities announced that a 3 percent tax will be imposed on couples who add the second name to ownership documentation. That tax is based on the evaluated price of the transferee’s share of the property that applies only to the portion of a property belonging to the partner who is not named on the original ownership papers. From what I am told, Nanjing’s chat rooms were nearly universal in calling this ‘‘looting.’’ There was so much commentary that on August 24, Nanjing’s local tax bureau stated that the introduction of the tax would be delayed until the completion of further studies. Those studies were fast and furious. On August 25, the tax was given the go-ahead without any further explanation. Perhaps it is because the cities of Chengdu and Qingdao already have a similar tax and Wuhan has one at 4 percent. Meanwhile, the SAT stayed out of the fray, stating that it was solely a decision for local authorities. In fact, it issued a September 1 bulletin stating unequivocally that there will be no tax for adding a spouse’s name to the property owner’s certificate.
 
I think it was much ado about nothing. True, this could very well spur the development of a real estate appraisal business throughout the country. But if the new spouse enters with nothing — or next to nothing — it will cost more to process the paperwork than the 3 or 4 percent tax on ‘‘next to nothing.’’ Shanghai might be doing this the right way — it will simply add the new spouse for a CNY 100 fee. Also, perceived meanings have much to do with crises of public confidence. Calling this a tax was a screw up by the respective governments — they should have called it a fee!

China’s New Tax Law
 

A new tax law took effect in China on September 1. All the Chinese newspapers had articles extolling the virtues of the new law, which increased the monthly exemption from CNY 2,000 to CNY 3,500, effectively taking 60 million people off the tax rolls and dropping the number of Chinese (and non-Chinese people like me) who fall under the tax umbrella to 24 million. The monthly savings for those earning CNY 3,500 per month will be CNY 125. That would be substantial were it not for inflation affecting all basic costs that low-wage earners must cover to exist. A Chinese ‘‘salaryman’’ who earns CNY 10,000 a month will now save CNY 480 per month. That, too, is being eaten away by inflation. The exemption is projected to decrease tax collections by CNY 160 billion. Where will the government make up the shortfall?
 There will be 24 million people subject to taxation in a country with a population of 1.3 billion. That tells me two things: The tax umbrella will eventually increase in size, as incomes increase in the country, and the SAT will begin to emphasize more productive means of raising revenue.

Mooncakes — the Real Story
 
 The Mid-Autumn Festival takes place early this year. Mooncakes, a blend of lotus paste and one or two egg yolks, are traditional festival gifts. It took me a long time to acquire a taste for mooncakes. When I finally did, the doctor ordered me off of them because they are pure cholesterol and fat — there’s not enough Lipitor in the world to counteract the effect of mooncakes.
 
Every year, the local Chinese papers run a story about people being liable for a tax based on the fair market value of the mooncakes received from employers. Nothing more comes of it. One thinks little of it because this seems to be annual journalistic ritual. This year, there was yet another reminder — in conjunction with the new income tax law that went into effect on September 1. The chat rooms were buzzing with outrage about something that is not happening. Perhaps, because of the chat room activity, The Wall Street Journal on August 30 picked up the mooncake tax story. Only the Journal got their tax computations wrong. While I’m not about to go through the correct mooncake tax computation because I suspect that readers will not be mooncake recipients, I do think it is interesting to put the story in a better perspective than the Western press has reported.
 
The chat rooms picked up on the fact that while the income tax threshold has increased and there is now a new and lower 3 percent initial tax bracket that exempts a sizable population segment from any taxation, the brackets have changed for those still being taxed. There could be an instance in which someone has a higher mooncake tax due because of the bracket change.
 
Under long-standing tax regulations, in-kind benefits granted to employees should be taxed according to the benefits’ fair market value. Hence, workers are liable to pay income tax if the gift of mooncakes they’ve received puts them above the threshold.
 
China Daily reported on August 29 that most large companies report in-kind benefits to the SAT. I do not dispute that. I dispute the suggestion that employees are being taxed for receipt of mooncakes as an in-kind benefit — it simply has not been reported as income. It will never be reported as income. Taxing mooncakes would attack the credibility of the one-party state faster than any other misdeed, and the one party in power won’t let that happen. Neither industry (private or state-owned) nor the SAT could afford the bad press were that to actually happen. You can say what you want about China. Admittedly, there is a huge and growing wealth divide. There are social problems. But there is certainly no Chinese Marie Antoinette going about saying, ‘‘Let them eat mooncake (and pay tax).’’
 
Social Security Cards
 
Those of you who have U.S. Social Security cards, do you still have your original card? Do you remember when, why, and how you got it? There are many other things I wish I still had — like the mint-condition first-year editions of Mad magazine — but I still have my original Social Security card, issued 57 years ago, when I needed it for the one month I worked delivering the Brooklyn Eagle.
 
On August 28 the deputy minister of human resources and social security, Hu Xiaoyi, and the deputy governor of the People’s Bank of China, Li Dongrong, gave a news briefing regarding the introduction of new social security cards that will also double as bank cards. The new cards presumably will help alleviate the mobility problem in China, in which employees shift jobs across provinces and experience problems with transferring their records and accounts. For all intents and purposes, this is an integral part of nationwide inception of social security. It goes hand in hand with the new social security tax deductions that will come from both employers and employees.
 
The new Chinese social security card will start out as a magnetic strip smart card. Five years from now, they will be replaced with tamper-proof cards with embedded chips.
 
The card will be used for claiming retirement, un- employment, and work injury compensation and maternity benefits — all tax benefits the worker may have paid into while working in the Yangtze River Delta but now must collect back home in rural Sichuan Province. To what extent medical coverage will be under the card isn’t yet known, but it is promised. The pilot program, called for in the 12th five-year-plan, will start in 170 of China’s approximately 400 cities. At the program’s inception in July, 145 million cards were issued, with the five-year goal of having 800 million cards issued by 2015.
 
It will be interesting to see how a social security program develops in China. The card is apparently tied into the Union Pay debit card system as well. If you have never heard of Union Pay, you will — think MasterCard or Visa. Whatever bank functions eventually develop through the use of this card could make matters extremely interesting: Get your tax benefits and then spend those benefits through the card’s banking and debit card capabilities — turning card holders into consumers.

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