Land is precious because of scarcity, and the standard of land transfer fee is different because of the different development process of cities. So, what is Xi 'an's land transfer fee standard? How to determine the minimum value of the land transfer fee standard, the author has collected a lot of information for everyone. What is the land transfer fee standard? Land transfer fee standard? There are three ways to transfer the right to use state-owned land in China: agreement, bidding and auction. Among these three ways, bidding, auction and hanging open competition generally do not exist the phenomenon of transferring the right to use state-owned land at a low price; Because there is no competition mechanism for agreement transfer, who will use the land, especially the determination of land transfer fee, has subjective factors. Illegal low-price (including free) transfer mainly occurs in the act of transferring land by agreement, so it is very important to standardize the lowest price standard for transferring land by agreement. The difference between the land leasing standard and the low-cost transfer of state-owned land use rights is mainly based on the following provisions: 1992. The Interim Measures for the Administration of Allocated Land Use Rights issued by the former State Bureau of Land Management stipulates that "the leasing of land use rights is different from the transfer, lease and mortgage of land use rights, and it shall be charged according to a certain proportion of the demarcated land price, with a minimum of not less than 40% of the demarcated land price"; 1995 The Measures for Determining the Lowest Price of State-owned Land Use Rights Agreement was promulgated, which stipulated that the lowest price for agreement transfer should be determined according to a certain proportion of the benchmark land price of different land uses and land grades such as commercial, residential and industrial, and the specific applicable proportion should be determined by provinces, autonomous regions and municipalities directly under the Central Government. To determine the lowest price by agreement, we should comprehensively consider the basic factors such as land acquisition and demolition costs, land development costs, bank interest, net land income and so on. From the above provisions, we can see the standard of land transfer fee. The land transfer fee for transferring the right to use state-owned land by agreement shall not be lower than the lowest price, which is the standard to measure whether to transfer the right to use state-owned land at a low price. However, in practice, due to the differences in the types, uses and land conditions of land transfer, it is far from enough to measure whether to transfer state-owned land at a low price only by relying on the lowest price standard of agreed transfer determined by the above principles. On the one hand, the operability is low, and the land transfer may be the direct agreement transfer of new construction land; On the other hand, it is also possible that the original allocated land use right paid the land transfer fee; Furthermore, enterprise restructuring may involve land transfer. The connotation of land price is different under different circumstances, and the standard of paying land transfer fee should also be very different. First of all, the agreed minimum price standard determined only by a certain proportion of the benchmark land price for different purposes can not meet the needs of transferring land price under different land conditions, and it is difficult to operate, which leads to defects in the agreed minimum price standard published in some places. Second, the land price connotation of the specific land sold is often inconsistent with the minimum land price agreed to be sold, and the two are not comparable. If the land transfer fee is determined by this method, it may not only lead to the loss of state-owned land assets, but also often infringe on the rights and interests of the original land users. Third, according to the Notice of the Ministry of Land and Resources on Reforming the Confirmation of Land Appraisal Results and the Examination and Approval Methods for Land Assets Disposal, the price of allocated land use rights can be included in enterprise assets as enterprise rights and interests. If the allocated land needs to be converted into paid use, the transfer fee shall be calculated according to the difference between the transfer price of land use right and the transfer price of land use right, which is not suitable for the lowest price standard determined in the above documents. The lowest price confirmation method of land transfer standard The lowest price of land transfer can not be determined simply by a certain proportion of the benchmark land price, but the standard should be formulated according to the specific type of land transfer and the connotation of land price. Determination of the lowest price for the agreed transfer of new construction land. For the new construction land transferred by agreement, the land obtained can be raw land, raw land or cultivated land. Land transfer fee standard: the original land mainly refers to the land that has been approved, but there is no supporting infrastructure development and land leveling. Land acquisition fees such as land compensation fees, resettlement subsidies, taxes and fees generated in the process of land acquisition shall be paid by the land applicant. The approval of the agreed land price shall be the land appreciation fee generated by the conversion of agricultural land into construction land, or the land ownership income and land net income. Of course, the standard of land transfer fee is different from the paid use fee for new construction land. The land transfer fee is the total land transfer price paid by the land administrative department of the people's government of the city or county to the land users according to the prescribed standards. The paid land use fee for new construction land refers to the average net land income collected by the State Council or the people's government at the provincial level from the people's governments of cities and counties that have obtained new construction land by means of paid use such as transfer when approving agricultural land conversion and land expropriation. Although the subject and nature of payment are different, the standard of new construction land expropriation is determined by the Ministry of Land and Resources according to the national urban land classification, urban land grade and benchmark land price level, and the standard formulation method is similar to the purpose of expropriation and land transfer fee. Therefore, the lowest price of the new construction land can be used as the basis for determination. According to the Administrative Measures for the Collection and Use of Paid Use Fees for New Construction Land, the proportion of paid land supply for new construction land is determined to be about 60% in the formulation of local collection standards, thus determining the quota standard for average net income collection. Therefore, the lowest price of negotiated transfer can be calculated according to the following formula: lowest price of negotiated transfer = charging standard of paid use fee for newly-added construction land, and the lowest price of negotiated transfer can be determined by adding the benchmark land price and the lowest price of cultivated land with construction conditions. Land transfer fee standard: land price is an organic whole. Separating land transfer fees according to land composition has its one-sidedness and limitations in use. Generally only applicable to industrial land, not to commercial and residential land. However, it is an effective way to formulate the lowest price standard for the transfer of new construction land (industrial land). For new construction land for commercial and residential use, the lowest price for agreement transfer shall be determined based on the benchmark land price; If the original land and gross land are sold, the corresponding average land acquisition fee and development fee shall be deducted from the benchmark land price. Enterprise restructuring involves the determination of the lowest price of land use right agreement. According to the Notice of the Ministry of Land and Resources on Reforming the Confirmation of Land Valuation Results and the Examination and Approval Methods of Land Assets Disposal, when an enterprise is restructured, if the allocated land needs to be converted into paid land, the leasing fee shall be calculated according to the difference between the standard price of land leasing and the price of allocated land use right. The land transfer fee calculated on this basis may be lower than 40% of the calibrated land price. For the supplementary land transfer fee involved in enterprise restructuring, "not less than 40% of the calibrated land price" cannot be used as the standard to measure the low-cost transfer of state-owned land. How much is the land transfer fee? The land transfer fee refers to the total land transfer price (referring to the total land transfer transaction amount) charged by the land management departments of governments at all levels when transferring the land use right to the land users, or the renewal land transfer fee paid by the land users to the land management departments at the expiration of the land use period, or the land users who originally obtained the land use right through administrative transfer, lease, mortgage, pricing shares, investment, etc., make up the money according to the regulations. Related reading: How much does it cost to adjust the land transfer fee standard in Guangzhou? The concept and calculation standard of land transfer fee, Shenyang land transfer fee standard, strengthening land transfer fee collection management, Shijiazhuang land transfer fee standard and land transfer procedure, the State Council state-owned land transfer fee standard and lowest price confirmation method.