Taxable Unused Land Regulations
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Questions and Answers

What is the tax rate on unused land?

  • 2% (correct)
  • 1%
  • 5%
  • 10%
  • Which of the following types of land is NOT taxable for unused land?

  • Land used for cultivation yielding significant revenue
  • State-owned land leased to a private entity
  • Residential land inhabited for less than 183 days (correct)
  • Land rented providing monthly income above specified limits
  • What is the penalty for late payment of the tax on unused land?

  • Less than 10%
  • 5% plus interest
  • 10%, 25%, or 40% of the arrears (correct)
  • 15%
  • When is the deadline to pay tax on unused land?

    <p>September 30</p> Signup and view all the answers

    Which of the following scenarios would classify land as taxable under the law?

    <p>Land with legitimate economic activities generating adequate revenue</p> Signup and view all the answers

    Which type of land is exempted from the tax on unused land if it is also subjected to tax on immovable property?

    <p>Land and buildings subjected to tax on immovable property</p> Signup and view all the answers

    Which of the following conditions does NOT apply to land that is leased and considered taxable for unused land?

    <p>Leased to a governmental organization</p> Signup and view all the answers

    Which of the following conditions allows land under investment contracts to be considered taxable for unused land?

    <p>Has been affected by unforeseen events recognized officially</p> Signup and view all the answers

    What is the timeframe for a taxpayer to file and pay the stamp duty for registered immovable property?

    <p>3 months after transfer</p> Signup and view all the answers

    Which document is NOT required for paying registration tax on the transfer of shares?

    <p>Proof of residence of the new shareholder</p> Signup and view all the answers

    How is the registration tax base for immovable property determined?

    <p>By the value stated in relevant legal documents</p> Signup and view all the answers

    Is the transfer of ownership of immovable property between spouses or children under a divorce decision subject to stamp duty?

    <p>Yes, it is always subject to stamp duty</p> Signup and view all the answers

    Which document is required for the payment of registration tax on the establishment of a company?

    <p>Application for payment of stamp duty</p> Signup and view all the answers

    What must accompany the transfer file of immovable property for the unregistered property to pay stamp duty?

    <p>Documents related to the transfer of property</p> Signup and view all the answers

    Which regulation outlines the procedures for stamp duty collection?

    <p>Prakas No. 507 MEF.PrK dated 26 April 2017</p> Signup and view all the answers

    What is NOT an attachment required for the payment of stamp duty on the legal letter for establishing a company?

    <p>Annual financial report</p> Signup and view all the answers

    What is the tax rate on buildings and land rental?

    <p>10%</p> Signup and view all the answers

    Which of the following is exempt from tax on buildings and land rental?

    <p>Monthly rent of 400,000 Riels</p> Signup and view all the answers

    How many working days can the registration tax process take?

    <p>4 to 8 days</p> Signup and view all the answers

    What is the registration tax rate for the transfer of ownership of properties?

    <p>4%</p> Signup and view all the answers

    Which document is NOT required for the transfer of unregistered immovable property?

    <p>Letter of Sale</p> Signup and view all the answers

    What is the registration tax exemption threshold for siblings when transferring property?

    <p>100,000,000 Riels</p> Signup and view all the answers

    What is the stamp duty rate for the transfer of company shares?

    <p>0.1%</p> Signup and view all the answers

    Which of these benefits from a registration tax exemption?

    <p>Homes transferred between spouses</p> Signup and view all the answers

    How is the gross income for tax on buildings and land rental determined?

    <p>Based on the contract agreement</p> Signup and view all the answers

    What happens to the registration tax if the transfer is made between grandparents and grandchildren?

    <p>A deduction threshold applies</p> Signup and view all the answers

    What is required for the transfer of ownership of registered property?

    <p>Documents from the Department of Land Management</p> Signup and view all the answers

    Which of the following best describes the duration of the registration tax process?

    <p>4 to 8 working days</p> Signup and view all the answers

    For what purpose is the Family book required in the registration tax process?

    <p>Proof of identity</p> Signup and view all the answers

    Study Notes

    Taxable Unused Land

    • Residential Land: Land with construction used as a residence for over 183 days in a tax year.
    • Rented Land with Construction: Land with construction generating monthly rent exceeding 80% of the land value's one-twelfth multiplied by a Ministry of Economy and Finance coefficient.
    • Legitimate Economic Activity Land: Land used for state-approved economic activities (farming, industry, commerce, tourism etc.) with monthly revenue surpassing 80% of land value's one-twelfth multiplied by a Ministry of Economy and Finance coefficient.
    • State-Owned Leased Land: State-owned land leased to entities or individuals satisfying any of the above three conditions.
    • Investment Contract and Concession Land: Land under approved CDC contracts/concessions, but not in operation due to uncontrollable events (floods, insecurity) recognized by legitimate institutions.

    Unused Land Tax Rate

    • The tax rate for unused land is 2%.

    Unused Land Late Payment Penalties

    • Late payment penalties are imposed as 10%, 25%, or 40% of the tax arrears, plus a 1.5% monthly interest for unpaid amounts.

    Unused Land Tax Deadline

    • The deadline for paying unused land tax is September 30th each tax year.

    Immovable Property Tax and Unused Land Tax

    • Land and buildings subject to immovable property tax are not subject to unused land tax in the same tax year.

    Building and Land Rental Tax

    • Taxable Activities: Income from renting buildings (houses, factories, offices etc.), industrial machinery, industrial/commercial facilities, floating/commercial ships, and land without construction (quarries, mines, lakes, salt fields).
    • Tax Rate: 10% of gross rental income (based on lease agreement).
    • Exemption: Rent less than 500,000 Riels is exempt.

    Registration Tax (Stamp Duty) on Immovable Property Transfer

    • Required Documents (Registered Property): Application (PT 02), Property Title, Letter of Sale, Buyer/Seller IDs, Family/Residence books, Plot information, Cadastral, Plot data form, Sale Agreement/ Court Decision.
    • Required Documents (Unregistered Property): Application, Survey notification, Inspection records, Transfer Letter, Buyer/Seller IDs, Family/Residence books, Sale Agreement/ Court Decision.
    • Property Transfer Time: 4-8 working days after submitting sufficient documents.
    • Rates: 4% on property transfer, 0.1% of share price on share transfer.
    • Sibling Transfer Deduction: 200,000,000 Riel (succession) or 100,000,000 Riel (donation) from tax base.
    • Exemptions (Donations): First-time donations between parents/children, spouses, grandparents/grandchildren, parents/children & spouse, grandparents/grandchildren & spouse are exempt. Sibling transfer and parents-in-law/children-in-law transfer have a 100,000,000 Riel deduction.
    • Payment Timeframe: Within 3 months of property transfer date (registered or unregistered).
    • Share Transfer Documents: Share transfer permit from Ministry of Commerce, old/new company documents, new shareholder IDs.
    • Tax Base Determination: Property value based on a Ministry of Economy and Finance Prakas (Prakas No. 343) or deed/legal documents with value exceeding the Prakas value.
    • Company Establishment Documents for Stamp Duty: Application for stamp duty, Ministry of Commerce letter, company Articles of Association, shareholder IDs.

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    Description

    This quiz explores the various categories of taxable unused land, including residential, rented, and land used for legitimate economic activities. It also covers tax rates and conditions for state-owned leased land and investment contracts. Test your knowledge on these important regulations.

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