Legal Analysis: "Measures for the Treatment of Enterprise Income Tax in Real Estate Development and Operation Business" Article 31 If an enterprise obtains land use rights through non-monetary transactions, its cost shall be determined in accordance with the following provisions: (1) Enterprise, If an entity invests land use rights in an enterprise in exchange for product development, it shall be handled in accordance with the following provisions: 1. If the developed products in exchange are developed and constructed on the land, the investment-receiving enterprise will not recognize its cost temporarily when accepting the land use rights. When the developed products are divided out for the first time, the cost will be calculated based on the developed products that should be divided out (including the first divided out development products). The cost of the land use right is calculated and confirmed based on the fair market value of the land use right and the relevant taxes and fees payable during the transfer of the land use right. If a premium is involved, the cost of acquiring land use rights should be added to the premium that should be paid or minus the premium that should be received. 2. If the development products exchanged are for the development and construction of other land, the enterprise receiving the investment shall calculate and confirm the item based on the fair market value of the development products payable and the relevant taxes and fees payable during the transfer of land use rights when the investment transaction occurs. The cost of land use rights. If a premium is involved, the cost of acquiring land use rights should be added to the premium that should be paid or minus the premium that should be received.
(2) If an enterprise or unit invests land use rights in the enterprise in the form of equity, the enterprise receiving the investment shall, when the investment transaction occurs, calculate the fair market value of the land use rights and the land use rights. The relevant taxes and fees payable during the transfer of rights shall be calculated to confirm the acquisition cost of the land use rights. If a premium is involved, the cost of acquiring land use rights should be added to the premium that should be paid or minus the premium that should be received.
Legal basis: "Tax Collection and Administration Law of the People's Republic of China" Article 12 Tax personnel collect taxes and investigate and handle tax illegal cases, and taxpayers, withholding agents or tax illegal cases Those who have a stake in it should avoid it.