The country’s tax affairs organization announced the conditions for taxing the income of natural and legal persons resulting from the construction and sale of any type of building and the duties of the taxpayers involved.
The office of taxpayers and tax services of the country’s tax affairs organization, by issuing a notice, announced the conditions for taxing the income of natural and legal persons resulting from the construction and sale of any type of building and the duties of taxpayers under Article (77) of the direct taxes law.
The text of the notice is as follows:
notice
It is noteworthy that the subject of Article (77) of the Direct Taxes Law
The income of natural and legal persons resulting from the construction and sale of any type of building whose construction permit was issued in cities with a population of more than 100,000 people, from 1/1/1395 onwards, will be subject to construction and sales tax as follows. was:
1- Those natural persons for whom, at the time of the first transfer of the property, more than three years have not passed since the date of issuance of the certificate of completion of the building, and all legal entities who have constructed and sold the building regardless of the date of issuance of the certificate of completion of the building. They are subject to production and sales tax.
2- The first transfer of buildings subject to construction and sales tax (both public and noble) in addition to the definitive transfer tax subject to Article (59) of the Direct Taxes Law, will be subject to a withholding tax at the rate of 10% based on the transaction value of the transferred property. was The final tax of the taxpayers subject to this tax is determined after consideration according to the relevant regulations.
3- The income from the first transfer of the right to assign the premises is also subject to construction and sales tax.
4- The transfer of buildings under construction and unfinished, in addition to the transfer tax referred to in Article (59) of the law, according to the progress of construction operations and the income generated at that stage, they will be subject to the construction and sales tax and the relevant tax on account. .
5- Legal entities subject to production and sales tax, while preparing and submitting related books and documents, must prepare and submit the declaration subject to Article (110) of the Direct Taxes Law no later than four months after the tax year and declare the resulting income as the case may be. Apply under “income” or “other incomes”.
6- Natural persons subject to production and sales tax must file by the end of June of each year [for the performance of 1402, according to the extension, until 15 August 1403] according to the form subject to the note of Article (100) of the Direct Taxes Law or the declaration subject to Article (100) Complete and submit the aforementioned law.
7- Taxpayers subject to construction and sales tax should go to the national electronic services portal of the Tax Affairs Organization at the address my.tax.gov.ir and select the tax code “Construction and sale of all types of buildings” to register and file a tax file. do
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