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 (D)</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 (D)</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 (B)</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 (B)</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 (B)</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 (D)</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 (A)</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 (C)</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 (A)</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 (C)</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 (B)</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 (D)</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 (B)</p> Signup and view all the answers

What is the tax rate on buildings and land rental?

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

How many working days can the registration tax process take?

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

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

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

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

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

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

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

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

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

Which of these benefits from a registration tax exemption?

<p>Homes transferred between spouses (B)</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 (C)</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 (D)</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 (B)</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 (C)</p> Signup and view all the answers

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

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

Flashcards

What is unused land?

Land that is not used for its intended purpose and is subject to taxation.

What types of land are taxable for unused land?

Land with construction located in residential areas used as a place of residence for more than 183 days in a tax collection year, rented land with construction that generates a monthly income exceeding 80% of one-twelfth of the land value, land of legitimate economic activities with monthly revenue exceeding 80% of one-twelfth of the land value, and land belonging to the state leased to a legal entity or individual that meets the criteria mentioned.

What is the tax rate on unused land?

The tax rate on unused land is 2% of its value.

What penalty is imposed for late payment of unused land tax?

A penalty of 10%, 25%, or 40% of the tax arrears is imposed, along with a 1.5% interest rate per month for late payment of unused land tax.

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When is the deadline to pay tax on unused land?

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

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Are land and buildings subject to tax on immovable property also subject to tax on unused land?

Land and buildings subject to tax on immovable property are exempt from tax on unused land in the same tax year.

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Stamp Duty Payment Deadline

The payment term for stamp duty on the transfer of ownership or possession of immovable property is within 3 months after the transfer order or file of transfer of ownership or possession of the property.

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Transfer Order for Unregistered Property

The transfer order for unregistered immovable property comes from the commune/sangkat leader or the capital/district/khan leader.

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Transfer Order for Registered Property

The transfer order for registered immovable property comes from the Ministry of Land Management, Urban Planning, Construction and Cadastral.

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Transfer Order for Unregistered Property

The transfer order for unregistered immovable property comes from the commune/sangkat leader or the capital/district/khan leader.

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Documents for Share Transfer Tax

To pay for registration tax on the transfer of shares, you need the share transfer permit from the Ministry of Commerce, memorandum and articles of association of the old and new company, and a copy of the new shareholder's ID card or passport.

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Stamp Duty on Divorce Property Transfer

Whether a property transfer from husband to wife or children due to a court-ordered divorce is subject to stamp duty and how payment is made are not stated in the provided content.

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Determining Registration Tax Base

The tax base for registration tax is determined by the higher value between the property's value in the Prakas No. 343 appendix and the value in the transfer deed or other legal documents.

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Attachments for Company Establishment Stamp Duty

To pay stamp duty on a company's legal establishment, you'll need an application for payment, a letter from the Ministry of Commerce, the company's articles of association, and a copy of the shareholder's ID card or passport.

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What is the tax rate on building and land rental in Cambodia?

A 10% tax applied to the gross rental income from buildings, land, and related assets like machinery and floating structures.

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What type of land is subject to the tax on building and land rental?

Land without any construction, including quarries, coal mines, lakes, and salt fields.

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When is the tax on building and land rental exempted?

Any monthly rent under 500,000 Riels is exempt from the tax on building and land rental.

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What is registration tax on the transfer of property ownership?

A fee levied on the transfer of ownership or possession of immovable property, also known as stamp duty.

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What documents are needed to file for registration tax on the transfer of registered property?

The application for registration tax (PT 02), Property Ownership Title (Ci LMAP), Letter of Sale, identification cards of buyer and seller, family books, plot information, and cadastral records.

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What documents are needed to file for registration tax on the transfer of unregistered property?

Application for transfer of unregistered property, notification on the survey of unregistered real estate, record of inspection, letter of transfer, identification cards, family books, and land sale agreement.

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How long does it take to complete the registration tax process?

It typically takes 4 to 8 working days after submitting all necessary documents.

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

The registration tax rate on the transfer of property ownership is 4% of the property's value.

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What is the registration tax rate for the transfer of company shares?

It's 0.1% of the transferred share price.

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Is there any special consideration for registration tax between siblings?

The transfer of ownership or possession between siblings is allowed a 200,000,000 Riel deduction for succession and 100,000,000 Riels for donations.

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Are there any exemptions for registration tax on donations?

The first-time donation between birth parents and children, husband and wife, grandparents and grandchildren, and spouses with shared marital property is exempt from registration tax.

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Are there any exemptions for registration tax on donations between relatives?

The transfer of ownership or possession between parents-in-law and children-in-law and between siblings gets a 100,000,000 Riel deduction.

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Are there any special considerations for second-time donations between relatives?

The second-time donation between birth parents and children, husband and wife, grandparents and grandchildren, and spouses with shared marital property gets a 100,000,000 Riel deduction.

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When can taxpayers make payments for registration tax on property transfer?

Taxpayers can make payments for registration tax on the transfer of ownership or possession of immovable property through designated channels.

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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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