Article 2 Loans shall be managed according to special loans for technical transformation. Open a special account in ICBC, operate in the ICBC system in a closed way, and use the funds for special purposes, and no unit or individual may intercept or misappropriate them.
Article 3 The Ministry of Coal signed an agreement with the head office of Industrial and Commercial Bank of China on the management of discount interest on loans for the tertiary industry of coal. Management institutions at all levels of the Ministry of Coal and borrowing enterprises should closely cooperate with ICBC at all levels to do a good job in loan fund management, project construction, production and operation, and repay the principal and interest on schedule. Article 4 The management of loan projects shall still be implemented in accordance with the Measures for the Administration of State Support for Diversification of Coal Enterprises and Discounted Loan Projects for the Tertiary Industry jointly issued by the Ministry of Coal Industry, the State Economic and Trade Commission, the Ministry of Finance, the People's Bank of China and the Industrial and Commercial Bank of China.
Article 5 In order to maintain the continuity of policies, 1995 loan project plan shall be implemented according to the issued plan. According to the project proposal plan of the Ministry of Coal 1995 and approved by ICBC, the newly-opened loan project is listed as a formal loan project. The projects that have not been reviewed by the handling bank are still implemented according to the provisions of the original measures, and the formal loan project plan will be issued by the Ministry of Coal after the approval of the handling bank.
Article 6 All borrowing units must ensure that loans are used for officially issued projects. If the loan is changed or misappropriated without authorization, the Ministry of Coal has the right to stop issuing loans or recover the loans already issued. For misappropriated loans, penalty interest will be charged in accordance with relevant bank regulations.
Article 7 The borrower shall apply for a loan from the Ministry of Coal according to the loan project plan issued by the Ministry of Coal, and sign a loan contract with the Ministry of Coal according to the relevant loan regulations, specifying the loan term, repayment time and source of funds. Units that cannot guarantee repayment will not lend.
Article 8 The Ministry of Coal instructs the Comprehensive Utilization Department and the Finance and Trade Department to sign a loan contract with the borrower on behalf of the Ministry of Coal.
Article 9 The Finance and Labor Department of the Ministry of Coal shall allocate the loan to the borrower who signed the contract according to the loan contract and the loan receipt. The borrower implements the loan project.
Article 10 Loan contracts are divided into the following types according to different borrowers:
1, the central management of state-owned key coal enterprises, by the Mining Bureau (company) and the Ministry of Coal signed a loan contract.
2. The geological system is managed by the General Administration of Coalfield Geology of China, and a loan contract is signed with the Ministry of Coal. 3, local finance for state-owned coal enterprises, the implementation of entrusted loans, the Ministry of Coal commissioned the relevant provincial industrial and commercial branches and loan units to sign a loan contract, the entrusted bank to ensure that the loan principal and interest on schedule.
Eleventh loan interest is calculated according to the interest rate determined by the head office of Industrial and Commercial Bank of China, starting from the loan date determined by the loan receipt. In case the state adjusts the interest rate, it shall be implemented according to the adjusted interest rate from the date of adjustment.
Article 12 The loan interest shall be paid quarterly. All borrowers must remit the interest payable to the tertiary industry account of the Ministry of Coal 20 days before the end of each quarter, and the Ministry of Coal will deliver it to the head office of ICBC on schedule.
Article 13 If the borrower fails to pay the interest on time, the Ministry of Coal has the right to deduct it from the allocated funds or entrust the bank to deduct it from the account, and charge a penalty interest for the overdue interest.
Fourteenth in the implementation of loan funds (China Industrial and Commercial Bank allocated to the Ministry of Coal, the Ministry of Coal to implement the loan unit) caused by the time interest difference borne by the borrower.
Fifteenth according to the relevant provisions of the state on loans to the tertiary industry of coal, the loan period is set at 3 years.
Article 16 According to the loan contract, the borrower shall submit the loan principal to the Ministry of Coal 20 days before the loan expires, and the Ministry of Coal will return it to the head office of Industrial and Commercial Bank of China.
Article 17 The sources and sequence of repayment funds are as follows:
1, new profit of loan project.
2. Depreciation of new fixed assets in loan projects.
3, the loan unit's own funds, including Wei Jian funds, corporate profits after tax, etc. 4. Other funds.
Article 18 If the borrower fails to repay the loan within the time limit, the Ministry of Coal has the right to deduct it from the allocated funds or entrust the bank to deduct it from the account, and collect the penalty interest according to the relevant regulations. Specifically, the following situations can be distinguished:
1, the borrowing unit of the central government will deduct it from the funds allocated to the provinces. If it is still insufficient after deduction, it will entrust the local bank to deduct it from the borrower's account.
2. Loans from geological units shall be deducted from the geological exploration fund by the General Administration of Geology.
3. The local financial loan unit shall be withheld from the loan enterprise account by the entrusted bank.
4, infrastructure units deducted from the relevant construction unit investment and other funds.
Article 19 These Measures are only applicable to the 3 billion discount loans of 1995, and the loans of 1993 and 1994 are still implemented according to the original measures.
Article 20 The power of interpretation belongs to the Ministry of Coal.
When a branch borrows money from the head office, it needs to sign a loan contract, and its interest income is subject to VAT. However, if there is a policy during the epidemic, the free borrowing of funds between internal units of enterprise groups (including enterprise groups) will be exempted from value-added tax.
There are two situations:
1. For the free borrowing of funds between units in a non-enterprise group, VAT shall be paid as sales according to regulations;
2. Free lending of funds between internal units of enterprise groups (including enterprise groups) shall be exempted from value-added tax. In the unified borrowing and unified repayment business, the interest charged by the enterprise group or its core enterprises and financial companies affiliated to the group to the enterprise group or its subordinate units at a rate not higher than the loan interest rate paid to financial institutions or the coupon rate level of bonds paid is exempt from value-added tax. If the taxpayer's taxable value is obviously low or high and there is no reasonable commercial purpose, or if there is no sales at the time of the listed behavior (note: deemed sales behavior), the competent tax authorities have the right to determine the sales in the following order:
(1) It is determined according to the average price of similar services, intangible assets or real estate recently sold by taxpayers.
(2) According to the average price of similar services, intangible assets or real estate recently sold by other taxpayers.
(3) according to the composition of taxable value. The formula for forming taxable value is as follows: to form an enterprise group with taxable value = cost ×( 1+ cost profit rate), and after obtaining funds by borrowing from financial institutions or issuing bonds to the outside world, the financial company to which the group belongs signs a unified loan contract with the enterprise group or its subordinate units, allocates funds, collects principal and interest from the enterprise group or its subordinate units, and then transfers them to the enterprise group, and the enterprise group returns the business of the financial institution or bond purchaser in a unified way. After an enterprise group or a core enterprise in an enterprise group borrows money from a financial institution or issues bonds abroad to obtain funds, it distributes the borrowed funds to subordinate units (including independent accounting units and non-independent accounting units, the same below) and collects the principal and interest of the financial institution or bond purchaser from the subordinate units.
Legal basis:
People's Republic of China (PRC) Small and Medium-sized Enterprises Promotion Law
Article 11 The state implements a tax policy that is conducive to the development of small and micro enterprises, and implements measures such as deferring, reducing or exempting enterprise income tax and value-added tax for qualified small and micro enterprises in accordance with regulations, simplifying tax collection and management procedures and reducing the tax burden of small and micro enterprises.