1. Entrusted loan handling fee: The bank accepts the client's application for entrusted loan, and collects the handling fee from the client in proportion according to the agreed terms such as the entrusted loan amount, loan term and default liability.
Followed by the stamp duty on loan contracts. Generally, for entrusted loan transactions, stamp duty is paid once for each transaction, and stamp duty is paid at 0.5 ‰ of the loan amount for each entrusted loan. Under the cash pool mode with entrusted loans as the main mode, enterprises and local taxation bureaus generally negotiate to determine the total amount of loans within a certain period of time, and pay stamp duty regularly at the tax rate of 0.5 ‰.
Finally, the interest expenses involved in entrusted loans. Under the cash pool model, the interest rate of mutual loans between accounts should be within the benchmark interest rate of deposits and loans stipulated by the central bank. Once the interest rate exceeds this range, it may be questioned by the tax authorities because of suspected transfer pricing. Interest income and interest expenses of entrusted loans cannot be declared and taxed on a net basis, and business tax is levied on each interest income at 5% of the interest amount, which can be withheld and remitted by the bank. The income tax expenses incurred shall be paid by the enterprise itself.
In addition, it is worth reminding that article 46 of the new tax law strictly stipulates the provisions against capital weakening. Interest expenses incurred when an enterprise accepts creditor's rights investment and equity investment from related parties in excess of the prescribed standard shall not be deducted when calculating taxable income. Notice of Caishui [2008] 12 1:
1. When calculating the taxable income, if the interest expenses actually paid by the enterprise to related parties do not exceed the following proportion and the relevant provisions of the tax law and its implementing regulations, they shall be deducted, and the excess shall not be deducted in the current year and subsequent years.
The interest expenses actually paid by the enterprise to related parties shall be the proportion of creditor's rights investment and equity investment of related parties, in addition to complying with the provisions of Article 2 of this Notice:
(1) Financial enterprises, 5:1;
(2) Other enterprises, 2: 1.
2. Whether the enterprise can provide relevant information in accordance with the relevant provisions of the tax law and its implementing regulations to prove that the relevant trading activities conform to the principle of independent trading; Or if the actual tax burden of the enterprise is not higher than that of the domestic related party, the interest expenses actually paid to the domestic related party shall be deducted when calculating the taxable income.
Three, enterprises engaged in financial business and non-financial business at the same time, the actual interest paid to related parties, should be calculated separately according to reasonable methods; If it is not calculated separately according to a reasonable method, the interest expenses allowed to be deducted before tax shall be calculated according to the proportion of other enterprises in Article 1 of this Notice.
4. The enterprise income tax shall be paid in accordance with the relevant provisions for the non-conforming interest income obtained by the enterprise from related parties.