Legal analysis: both banks and borrowers have to pay stamp duty on loan contracts. Units and individuals who have signed books in People's Republic of China (PRC) and received the vouchers listed in People's Republic of China (PRC) are taxpayers of stamp duty and should pay stamp duty in accordance with the regulations.
Legal basis: People's Republic of China (PRC) Tax Collection and Management Law.
Article 1 This Law is formulated with a view to strengthening the administration of tax collection, standardizing tax collection, safeguarding national tax revenue, protecting the legitimate rights and interests of taxpayers and promoting economic and social development.
Article 2 This Law is applicable to the collection and management of various taxes collected by tax authorities according to law.
Article 3 The collection, suspension, reduction, exemption, refund and supplementary payment of taxes shall be carried out in accordance with the law. Where the State Council is authorized by law, it shall be implemented in accordance with the administrative regulations formulated by the State Council.
No organ, unit or individual may, in violation of the provisions of laws and administrative regulations, arbitrarily make decisions on tax collection, suspension, tax reduction, exemption, tax refund, overdue tax and other decisions inconsistent with tax laws and administrative regulations.
Article 4 Units and individuals that are obligated to pay taxes according to laws and administrative regulations are taxpayers.
Units and individuals that have the obligation to withhold and pay taxes according to laws and administrative regulations are withholding agents. Taxpayers and withholding agents must pay taxes, withhold and remit taxes and collect and remit taxes in accordance with the provisions of laws and administrative regulations.
2. Who pays the stamp duty on the loan contract?
Taxpayers should be paid by both parties, that is, both Party A and Party B of the contract should pay stamp duty. Judging from the taxation basis of stamp duty, there are mainly the following types of taxable vouchers: 1. Contracts or documents with contractual nature are generally directly based on the amount contained in the contract. 2. The account books in which the funds are recorded in the business account books shall be based on the paid-in capital and the total capital tax. 3. Other certificates of unspecified amount, such as business license, patent certificate and real estate license. , or auxiliary account books, can be taxed according to the number of vouchers or account books. As can be seen from the above, the stamp duty of the loan contract is calculated directly according to the loan amount in the contract, and the specific formula is as follows: tax payable = loan amount ×0.05‰
3. Who pays the stamp duty on the loan contract?
Legal analysis: both banks and borrowers have to pay stamp duty on loan contracts. Taxpayers who collect stamp duty on documents listed in People's Republic of China (PRC) shall pay stamp duty in accordance with relevant regulations. Specifically: 1, contractor; 2. evidence; 5. users.
Legal basis: Provisional Regulations on Stamp Duty in People's Republic of China (PRC) Article 1 All units and individuals who subscribe for and receive the vouchers listed in this Ordinance within the territory of People's Republic of China (PRC) are taxpayers of stamp duty (hereinafter referred to as taxpayers) and shall pay stamp duty in accordance with the provisions of this Ordinance.
Fourth, I would like to ask the experts: Does the government pay stamp duty for purchasing service contracts?
Government units do not need to pay stamp duty, but the party providing the service may have to pay it. What are the detailed rules for the implementation of stamp duty? The units and individuals mentioned in Article 1 of the Regulations refer to domestic enterprises, institutions, organizations, armed forces, Sino-foreign joint ventures, cooperative enterprises, foreign-funded enterprises, foreign companies and other economic organizations and their institutions in China. ?