The scope of loan contracts subject to stamp duty includes: loan contracts signed between banks and other financial institutions and borrowers (excluding interbank lending). If the document is used as a contract, it should also be stamped according to the contract. The taxable amount of a loan contract is the loan amount. Taxable amount = loan amount ×0.05‰.

Loan contract without stamp duty

1, loan contract with non-financial institutions

According to Article 5 of the State Administration of Taxation [1991]155 and Article 3, paragraph 2 of the Measures for the Administration of Financial Licenses, loan contracts signed by enterprises and non-financial institutions (such as microfinance companies and third-party payment platforms) do not need to obtain financial business licenses, so they do not belong to financial institutions, and such loan contracts do not need to be stamped.

2. Loan contracts with enterprises and individuals

Loans between enterprises, between enterprises and individuals, including unified loan contracts between enterprises, do not need to pay stamp duty.

3. Loan extension contracts signed with financial institutions

According to Article 7 of Guo Shui Fa [1991]155, the loan extension contract signed only by extending the repayment period of the loan contract through negotiation is not applicable for the time being.

4. Entrusted loan contracts signed with financial institutions

According to Articles 6 and 14 of Guo Shui Fa [199 1]No. 155, the entrusted loan contract signed by the entrusting unit and the bank does not need to be sealed.

5. Credit contracts signed with financial institutions

According to the fourth paragraph of Article 10 of the Interim Measures for the Administration of Authorized Credit of Commercial Banks, the credit agreement signed between an enterprise and a bank is a credit line plan that the bank allows the borrower to finance within a certain period of time, which is different from the "loan contract" and does not need decals.

6. Revolving loan within the limit

According to Article 2 of Guo Shui Di Zi [1988] No.30, the revolving loan contract for working capital signed by an enterprise and a bank shall be sealed at 0.05‰ of the maximum loan amount agreed in the contract, and the revolving loan within the limit does not need to be sealed.

7. Discount agreements with financial institutions

Enterprises discount bills, obtain funds in advance, transfer bills to banks, and banks deduct discount interest. Shandong Local Taxation Letter [2005] No.30 was once a local tax in Shandong, which required to pay stamp duty according to the needs of short-term loans, but this provision has been abolished. According to Richard's analysis, the discount agreement does not belong to the loan contract and does not need decals.

8. Negotiation letter of credit

Letter of credit buyer's draft refers to the short-term financing that the bank needs to advance the payable amount on behalf of the enterprise when the enterprise pays the foreign exchange of imported goods for reasons such as capital turnover and investment cost. Enterprises need to pay certain interest to banks. Although it is financing, it does not belong to the scope of stamp duty and does not need decals.

9. Factoring contract

Domestic factoring is the business of transferring accounts receivable to a factor (such as a bank) to obtain funds in advance. Although it has the nature of financing, it is not a loan and does not need decals.

10 small and micro enterprise discount

According to Cai Shui [2014] No.78, the loan contract signed between small and micro enterprises and financial institutions is exempt from stamp duty.

Second, loan contracts that need to pay stamp duty.

According to the Provisional Regulations on Stamp Duty and its annex Table of Stamp Duty Items and Rates, stamp duty is levied on loan contracts (excluding interbank lending) signed by banks and other financial institutions and borrowers. That is, loan contracts signed with banks and other financial institutions, including financial leasing contracts and mortgage loan contracts signed with financial institutions, all need to pay stamp duty according to the loan contracts.

Third, how to stipulate the ownership of stamp duty on securities transactions?

According to the laws of our country, the stamp duty on securities transactions is all adjusted to the central revenue. In addition, when adjusting the stamp duty on securities transactions, we mainly aim to promote the convergence of stamp duty with the international market or customary laws and regulations, so as to promote the globalization of economic trade and better integrate with the international community.

Four. Ownership of stamp duty on securities transactions

The State Council issued a notice saying that in order to properly handle the financial distribution relationship between the central and local governments, the State Council decided to adjust the stamp duty on securities transactions from the current share ratio of 97% in the central government and 3% in the local government to the central revenue.

This adjustment is only the adjustment of stamp duty, which is a very small classification in the tax system, and the adjustment is only for the stamp duty of securities transactions. Moreover, stamp duty on securities transactions is not a national tax, and the adjustment of ownership mainly affects Shanghai and Shenzhen.

On the first trading day, the Shanghai Composite Index oscillated lower after the opening, with a drop of more than 1%, while the Shenzhen Component Index fell around 1.75%.